STATE OF CALIFORNIA 


DIRECT PRIMARY LAW 


WITH 


The Official Forms Prepared by the Secretary 
of State and the Attorney General 


together with 

AnnotatioBs^and Analysis by Hon. C. C. Young, Speaker 
of the AssemblrY-and author of the law 


Distributed by 

FRANK C. JORDAN 

Secretary of State 



4 



CALIFORNIA STATE PRINTING OFFICE 
SACRAMENTO 

18 IS 

85624 










STATE OF CALIFORNIA 

'I 

DIRECT PRIMARY LAW 


WITH 

The Official Forms Prepared by the Secretary 
of State and the Attorney General 


together with 

Annotations and Analysis by Hon. C. C. Young, Speaker 
of the Assembly and author of the law 


Distributed by 

FRANK C. JORDAN 

Secretary of State 



CALIFORNIA STATE PRINTING OFFICE 
SACRAJVIENTO 

19 18 

35624 





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GENERAL CONTENTS. 


Page 

DIKECT PRIMARY LAW— Contents by Sections_ 5 

DIRECT PRIMARY LAW— Text of Act with Marginal Annotations—By 
C. C. Young_ 7 

DIRECT PRIMARY LAW— Forms for Carrying Out Provisions of Act- 

Prepared BY THE Secretary of State and the Attorney General_ 40 


DIRECT PRIMARY LAW— An Analysis of its Development, Underlying 


Principles, and Practical Operation —By C. 0. Young _ 74 

DIRECT PRIMARY ELECTION AND GENERAL ELECTION— Calendar 

OF Dates for 1918_88, 91 

DIRECT PRIMARY LAW— Index—Prepared by Legislative Counsel 

Bureau _ 95 

% 


SENATE RESOLUTION. 

(Adopted by Senate, April 27, 1917.) 

Resolved, That the State Printer be, and he is hereby, instructed to print 5,(X)0 
annotated and indexed copies of the direct primary law, as amended at the forty- 
second session of the legislature, together with the forms necessary to carry out the 
provisions of said law ; and be it further 

Resolved, That the Secretary of State is hereby authorized to receive the same 
for public distribution, and that 10 copies of said act be sent to each member of the 
legislature; and be it further 

Resolved, That the author of said act be requested to assist in the annotating and 
indexing thereof, such work to be performed without compensation. 










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DIRECT PRIMARY LAW. 


Section 1. 

Section 2. 
Section 3. 
Section 4. 

Section 5. 


Section 6. 

Section 7. 


Section 8. 
Section 9. 
Section 10. 

Section 11. 


CONTENTS BY SECTIONS. 

(1) Definitions of words asd phrases used in the law. 

(2) Political parties qualified to participate in the primary. 

(3) Duties of registrar of voters. 

(1) Method of nominating candidates for public office. 

(2) Cases where the direct primary law does not apply. 

(1) Date of primary elections. 

(2) Holidays on May and September primary election days. 

(1) County clerks’ reports as to party registi’ation. 

(2) Secretary of state’s notice of election to county clerks and registrars. 

(3) Publication of notice in newspapers of county. 

Preparation, signing, and filing of nomination papers. 

(1) When nomination papers must be ready for examination and filing. 

(2) Manner of appointing verification deputies. 

(a) By candidate. 

(&) By committee. 

(3) Work of the verification deputies. 

(a) Earliest and latest date for obtaining signatures. - 
(&) Nomination paper to be presented in sections. 

(c) Arrangement of nomination papers for filing. 

(d) Form of nomination paper. 

(4) Manner of filing nomination papers. 

(a) Form of index, if one is made. 

(&) Examination of papers by county clerk. 

(c) Who may not serve as verification deputies. 

(d) Candidate’s affidavit to be filed where nomination paper is filed. 

(5) Number of signatures necessary for nomination. 

(6) Basis of percentage in requirement for nomination. 

(7) New districts following reapportionment. 

(8) Number signatures required in case of non-partisan offices. 

(9) Independent candidates and ineligibility of defeated candidate. 

(10) Record of filing of nomination papers. 

Place of filing nomination papers and number to be filed. 

(1) Papers to be filed with secretary of state. 

(2) Papers to be filed with county clerk. 

(3) Papers to be filed with city clerk. 

(4) Limitation on number of papers to be filed. 

(5) Limitation on number of signatures to be secured. 

Filing fees—how much and w'here paid. 

(1) For state office or for United States senator. 

(2) For congressional or district office. 

(3) For legislative office. 

(4) For county office. 

(5) For city office. 

(6) Offices requiring no filing fee. 

(7) Prompt payment of filing fee necessary. 

(8) Filing fee of candidates “written in’’ on ballot. 

(9) Separate filing fee required for each party nomination. 

Disposition and apportionment of filing fees. 

Expenses of election—how paid. 

(1) List of candidates sent to county clerk by secretary of state. 

(2) Publication of list and of election notice by county clerk. 

Newspapers in which election notice may be published. 


6 


DIRECT PRIMARY LAW. 


Section 12. 


Section 13. 

Section 14. 
Section 15. 
Section 16. 
Section 17. 
Section 18. 
Section 19. 
Section 20. 
Section 21. 
Section 22. 

Section 23. 


Section 24. 


Section 25. 


Section 26. 
Section 27. 
Section 28. 
Section 29. 
Section 30. 
Section 31. 
Section 32. 
Section 33. 
Section 34. 


Form and contents of election ballots. 

(1) Official ballots—how provided and printed. 

(2) Size of official ballot. 

(3) Heading of ballot. 

(4) Instructions to voters on ballot. 

(5) F’orm of ballots and order of offices thereon. 

(6) Ballots of all parties identical as to non-partisan offic^es. 

(7) Order of names of candidates—now determined. 

(a) For state or district candidates. 

(&) For county candidates. 

(c) For legislative candidates. 

(cl) For municipal candidates. 

(8) Order of names in published notice of election. 

(9) and (10) Arrangement of candidates’ names on ballot. 

(10) Ballots to be made up in stub books. 

(1) Sample ballots to be mailed to all voters. 

(2) Printing and distribution of official ballots. 

Hours for opening and closing of polls. 

Election officers for primary elections. 

Grounds for the challenging of voters. 

Who is entitled to vote at primary election. 

Manner of stamping ballot. 

Folding of ballot and depositing of vote. 

Balloting to proceed without intermission. 

Canvassing of votes by election board. 

Canvassing of returns by board of supervisors. 

(1) Time for beginning canvass. 

(2) Preparation of the several statements of result. 

The nomination of the successful candidate. 

(1) How deteimined in general. 

(2) How determined for non-partisan offices. 

(3) How determined for county central committee. 

(4) Issuance of certificates of nomination. 

(a) By county or city clerk. 

(b) By seci'etary of state. 

(5) Secretary of state’s certification of nomination. 

Party conventions. 

(1) The state convention—membership and duties. 

(2) Selection of state central committee. 

(3) Nomination of presidential electors. 

(4) Who is eligible to membership in convention. 

(5) Delegates from hold-over senatorial districts. 

(6) Methods of filling vacancies in convention. 

(7) Appointment of executive committee. 

(8) Election of county central committees. 

Withdrawal of candidates and vacancies. 

(1) In general, withdrawal prohibited. 

(2) Permitted in case of written-in candidates. 

(3) No vacancy to be filled except in case of death. 

Tie votes—how determined. 

Correction of errors on ballot. 

Method of contesting primary elections. 

List of lawful election expenses. 

Verified statement of candidates’ expenditures. 

Penalty for illegal election expenses, or for incorrect statement. 
Penalties for illegal actions respecting nomination papers. 
Preparation of forms for carrying out act. 

Short name of act. 


Section 35. Validity of act. 

Section 36. Repeal of conflicting acts. 


DIRECT PRIMARY DAW. 


7 


DIRECT PRIMARY LAW. 

An act to provide for and regulate primary elections, and providing a method for 
choosing the delegates for political parties to state conventions and for nominating 
electors of president and vice president of the United States, and providing for the 
election of party county central committees, and to repeal the act approved 
April i, 1911, knotvn as the direct primary law, and also to repeal the act 
approved December 21}, 1911, amending sections one, three, five, seven, ten, 
twelve, thirteen, twenty-two, twenty-throe, and twenty-four of the said direct 
primary law, and also to repeal all other acts or parts of acts inconsistent with 
or in conflict with the provisions of this act. 

[Approved June 16, 1913, and found in Statutes 1913, p. 1379; amended May 29, 
1917, as to sections one, two, four, five, seven, nineteen, twenty-one, twenty-two, 
twenty-three, twenty-four, twenty-five, twenty-eight, thirty, and thirty-three; amend¬ 
ment found in Statutes 1917, p. 1341. (Amended sections here incorporated.)] 

Definitions. 

Section 1. Words and phrases where used in this act shall, unless such Definition of 
such construction be inconsistent with the context, be construed as follows: phrascs!^^ 

1. The words “primary election,” any and every primary nominating 
election provided for by this act. 

2. The words “August primary election,” the primary election held in August 

August to nominate candidates to be voted for at the ensuing November 

. ° primary 

election or to elect members of a party central committee or delegates to elections. 

a party convention. 

3. The words “May presidential primary election,” any such primary 
election, held in May of each j^ear of the general November election at 
which electors of president and vice president of the United States are to 
be chosen, as shall provide for the indication of preference in the several 
political parties for party candidates for president of the United States 
through the election of delegates to national party conventions. 

4. The word “election,” a general state, county, city or city and county Klection 

election as distinguished from a primary election, recall election, or special Novem- 
, ,. ber election, 

election. 

.5. The words “November election,” either the presidential election, or 
the general state, county, or city and county election held in November of 
each even numbered year. 

6. The words “judicial officer,” any justice of the supreme court, justice .Judicial 
of a district court of appeal, judge of the superior court, justice of the 
peace, or justice of such inferior court as the legislature may establish in 

any county, township, incorporated city or town, or city and county; and 
the words “judicial office,” the office filled by any of the above judicial 
officers. 

7. The word “school officer,” the superintendent of public instruction School 
and the superintendent of schools of a county or city and county; and the 
words “school office,” the office filled by any of the above school officers. 

8. The words “county officer,” any officer elected within the boundaries County and 
of any county or city and county except a member of the state board of g^p^p^and 
equalization, judge of the superior court, justice of the peace, member of office, 
the state senate or assembly or a member of the house of representatives 

of the congress of the United States or a member of any party county 
central committee or delegate to a state convention from a hold-over 
senatorial district; and the words “county office,” the office filled by any 
county officer. The words “township officer,” any such county officer as is 


8 


What con¬ 
stitutes a 
“political 
party” in 
this act. 


Qualifying 
by vote. 


Qualifying 
by petition. 


Misleading 
party 
names not 
permitted. 


Duties of 
registrars. 


Method of 

nominating 

candidates. 


Wiien act 
does not 
apply. 


DIRECT PRIMARY LAW. 

elected within the boundaries of any judicial township that is now or may 
be hereafter provided by law; and the words “township office,” the office 
filled by any township officer. 

9. The word or words “political partj’,” “party,” “political organiza¬ 
tion,” or “organization,” a political party or organization of electors which 
has qualified, as hereinafter provided, for participation in any primary 
election; and such party or organization shall be deemed to have so qualified 
when one or both of the following conditions have been complied with : 

(a) If at the last preceding November election there was polled for 
any one of its candidates who was the candidate of such party only 
for any office voted on throughout the state, at least three per cent of 
the entire vote of the state, or for any one of its candidates who was 
the joint candidate of such party and any other party for any office voted 
on throughout the state, at least six per cent of the entire vote of the 
state; or 

(b) If on or before a date which shall be the seventy-fifth day before 
any primary election, there shall be filed with the secretary of state a 
petition signed by registered qualified electors of the state, equal in number 
to at least three per cent of the entire vote of the state at the last preecding 
November election, declaring that they represent a political party or organi¬ 
zation the name of which shall be stated therein, which party said electors 
desire to have participate in such primary election; such petition to be 
circulated, signed, and the signatures thereon of the registered electors 
certified to and transmitted to the secretary of state by the county clerks 
substantiallj' as provided in section five of this act, for the circulation, 
signing, certification, and transmission of nomination papers for state 
officers; providing, hoivcver, that no electors or organization of electors 
shall assume a party name or designation which shall be so similar to the 
name of an existing party or organization as to mislead voters. 

This statute shall be liberally construed, so that the real will of the 
electors shall not be defeated by anj^ informality or failure to comply with 
all the provisions of this law. 

In each county and city and county in this state, having a registrar of 
voters or registrar of voters and a board of election commissioners, the 
powers conferred and the duties imposed in this statute upon a county clerk 
and his deputies, and other officers, in relation to matters of election and 
polling places, shall be exercised and performed by such registrar of voters 
or his deputies, or registrar of voters or his deputies and board of election 
commissioners; and all nominating papers, list of candidates, expenses, 
and oaths of office, required by this statute to be made to or filed with 
county clerks, shall be made to or filed with the registrar of voters. 

Nomination of candidates. 

Sec. 2. All candidates nominated at a primary election for elective 
public offices shall be nominated by direct vote at such election held in 
accordance with the provisions of this act; provided, that electors of 
president and vice president of the United States shall be nominated as 
provided in subdivision two of section twenty-four of this act. This act 
shall not apply to recall elections or to special elections to fill vacancies; 
nor to the nomination of officers of municipalities, counties, or cities and 
counties whose charters provide a system for nominating candidates for 
such officers; nor the nomination of officers for any district not formed for 
municipal purposes; nor to the nomination of freeholders to be elected 
for the purpose of framing a charter; nor to the nomination of officers 
for cities of the fifth and sixth classes, nor to the nomination of school 
district officers. 


DIRECT PRIMARY LAW. 


9 


Primary, when held. 

Sec. 3. The August primary election shall be held at the legally Date of 
designated polling places in each precinct on the last Tuasday in August, eledion 
for the nomination of all candidates to be voted for at the ensuing 
November election. The day of the August primary election and the day Holidays on 
of the May presidential primary election are hereby declared to be holi- 
days within the meaning of section teu of the Political Code. Any person days, 
entitled to vote at such August or May primary elections shall, on the day 
of such election, be entitled to absent himself from any service or employ¬ 
ment in which he is then engaged or employed, for the period of two 
consecutive hours, between the time of opening and the time of closing 
the polls; and such voter shall not, because of so absenting himself, be 
liable to any penalty, nor shall any deduction be made, on account of such 
absence, from his usual salary or wages. Any primary election other than 
the August primary election, or May presidential primary election shall 
be held on Tuesday, three weeks next preceding the election for which such 
primary election is held. 

Publication of notice. 

Sec. 4. 1. On the twenty-fifth day before the first Tuesday in May, on Reports as 

the twenty-fifth day before the last Tuesday in August, and on the twenty- registration, 
fifth day before the date of the November election, in each even numbered 
year, the county clerk or registrar of voters of each county or city and 
county shall transmit a statement to the secretary of state of the total 
number of electors registered in his county between the first day of (Form i) 
January next preceding and a date in each instance five days preceding 
the date of transmission of such statement as herein provided for, together 
with the number so registered under each of the several political affilia¬ 
tions, and also the number declining or failing to declare such affiliation. 

At least seventy days before the time of holding August primary election (Form 2) 
in 1918 and biennially thereafter, the secretary of state shall prepare and 
transmit to each county clerk and to the registrar of voters in any city 
and county a notice in writing designating all the offices, except township 
offices, for which candidates are to be nominated at such primary election, 
together with the names of the political parties qualified to participate in 
such election. 

2. Within ten days after receipt of such notice such county clerk or 
registrar of voters in any city and county shall publish once in each week 
for two successive weeks in not more than two newspapers published in 
such county or city and county so much thereof as may be applicable to 

his county, including a statement of the township offices in the county for (Form j) 
which candidates are to be nominated, and a statement of the number of 
members of the county central committee to be elected by each political 
party in each supervisorial or assembly district, as the case may be, 
according to the provisions of subdivision four of section twenty-four of 
this act. 

3. In the case of primary elections other than the August primary 
elections the city clerk or secretary of the legislative body of the political 
subdivision for which such primary election shall be held shall cause one 
publication of such notice to be given, such publication to be not more 
than forty and not less than fourteen days before such primary election. 

Nomination papers. Verification deputies. 

Sec. 5. 1. The name of no candidate shall be printed on an official paj^rs— 

ballot to be used at any primary election unless at least forty days prior when filed, 
to the primary election, if the candidate is to be voted for at the August 


10 


DIRECT PRIMARY LAW. 


Appoint¬ 
ment of 
verification 
deputies by 
candidate. 

(Forms 4 
and 5) 


Form of 
appointment. 


Appoint¬ 
ment of 
additional 
deputies. 


Appoint¬ 
ment of 
verification 
deputies by 
committee. 


(Forms 6 
and 7) 


l>riinary election or the May presidential primary election, and at least 
twenty-five days prior to the primary election, if the candidate is to be 
voted for at a primary election other than the August or May primary 
election, a nomination paper nominating such candidate shall have been 
prepared, circulated, signed, verified and left with the county clerk for 
examination, or for examination and filing, in the manner provided by 
this act. 

2. (a) The candidate may appoint verification deputies to serve within 
the county or city and county in which such deputies reside in securing 
signatures to his nomination paper for nomination to the office for which 
he is a candidate, and the verification deputies thus appointed shall be 
recognized as the duly authorized verification deputies to secure signatures 
to the nomination paper of such candidate in such county or city and 
county. The document in which such verification deputies are appointed 
as herein provided shall be filed with the county clerk of the county or city 
and county in which such verification deputies reside, at or before the 
time the nomination paper of the candidate is left with the county clerk 
for filing or for examination as provided in subdivision four of this section. 
Said document shall be in substantially the following form: 

I, the undersigned, a candidate for the_party nomination for the 

office of_, which nomination is to be made by direct vote at a 

primary election to be held on the_day of August, 19_, do hereby 

appoint the following registered qualified electors of the county of_, 

as verification deputies to obtain signatures in said county to a nomination 

paper placing me in nomination as a candidate of said_party for 

said office of__ 

VERIFICATION DEPUTIES. 

Name, Residence. 


(Signature)___ 

(Residence)___ 

Filed in the office of the county clerk of_county this_day 

of_, 19__. 

--, Ck)unty Clerk. 

By--, Deputy. 

In case it is desired to appoint additional verification deputies to secure 
signatures to the nomination paper of such candidate, one or more similar 
documents may be filed to supplement the first document. When the office 
for which the candidate is proposed is a judicial, school, county, township 

or municipal office, the words “-party,” and the words “of said 

_party,” shall be omitted from said document. Or, as an alternative 

to the foregoing portion of this section and subdivision, verification deputies 
may be appointed in behalf of a candidate as follows: 

2. (h) Any five qualified electors of any county or city and county who 
are registered as intending to affiliate with the same political party may 
join in proposing a candidate for nomination to any office to be voted on 
in such county or city and county at the next ensuing primary election, 
and in appointing verification deputies to serve within such county or city 
and county in securing signatures to the nomination paper of such candi¬ 
date for such office. If the office is an office the candidate for which is 





























DIRECT PRIMARY LAW. 


11 


to be voted on in more than one county, he may be proposed for nommation 
as herein provided by five of the registered qualified electors in each of the 
counties in which such electors may desire to circulate a nomination paper 
in his behalf. The signatures of the said five qualified electors shall be 
verified free of charge before any officer authorized to administer an oath, 
and the document containing such signatures shall be filed with the county 
clerk of the county or city and county in which said five qualified electors 
reside, at or before the time the nomination paper of the candidate is left 
with the county clerk or registrar of voters for filing or for examination 
as provided in subdivision four of this section. In said document the five Consent of 
signers shall make affidavit that the candidate therein named for the office candidate 
therein specified has given his consent to be thus proposed for nomination 
to such office; and shall also state that the verification deputies therein 
appointed are duly registered qualified electors of said county or city and 
county ; and the verification deputies therein appointed shall be recognized 
as the duly authorized verification deputies to secure signatures to the 
nomination paper of such candidate in such county or city and county. 

Said document shall be substantially in the following form: 


State of California, 

County of_ 

W"e, the undersigned, do solemnly swear (or affirm) that we are each Form of 

(lualified electors of the county of_, State of California, appointment. 

and that we are each registered as intending to affiliate with the- 

party and we do hereby propose_, who resides at No.-, 

_._street in the city of (or in the town of)-- 

county of __ as a candidate for the nomination of such 

party for the office of_, to be voted for at the primary election 

to be held on the_day of August, 19— ; and we do solemnly swear 

(or affirm) that said ^_has consented to this proposal of 

his name as candidate for the nomination for said office. We hereby 
appoint the following registered qualified electors of this county as veri¬ 
fication deputies to obtain signatures in this county to the nomination 
paper of said_to said office of-- 

VERIFICATION DEPUTIES. 

Name. Residence. 



etc. 

(Signed) 

Name. 


etc. 

Residence. 


Subscribed and sworn to before me this-day of-, 

19__. 


(Seal) 


Notary public (or other official). 










































12 


DIRECT PRIMARY LAW. 


Appoint¬ 
ment of 
additional 
deputies. 


Earliest and 
latest dates 
for signing 
nomination 
papers. 


Date of 
signature 
to appear 
in signer’s 
handwriting. 


AH signers 
of any sec¬ 
tion must 
reside in 
same city. 


Affidavit of 
verification 
deputy. 


Collection 
and arrange¬ 
ment of 
nomination 
paper. 


Ill case it is desired to appoint additional verification deputies to secure 
signatures to the nomination paper of said candidate, one or more similar 
documents may be filed, to supplement the first document. When the 
office for which the candidate is proposed is a judicial, school, county, 
township, or municipal office, the provisions of this subdivision shall apply, 
except that the five qualified electors shall make no statement of their 
party affiliation and may be affiliated with different parties or with no 
party; and the candidate proposed for nomination shall not be so proposed 
as the candidate of any party. 

3. Verification deputies appointed as provided in subdivision two of this 
section to obtain signatures to the nomination paper of any candidate for 
any office to be voted for at any primary election, may, at any time not 
more than sixty-five days nor less than forty days prior to such election, 
obtain signatures to such nomination paper of such condidate for such 
office; each signer of a nomination paper shall sign but one such paper 
for the same office, except that in case two or more persons are to be 
elected to the same office at the same election, an elector may sign the 
nomination papers of as many persons as there are persons to be elected 
to such office, and such act on the part of such elector shall not be deemed 
in conflict with the signer’s statement hereinafter provided. In the case 
of primary elections other than August primary elections or May presi¬ 
dential primary elections, signatures may be obtained not more than forty 
days nor less than twenty-five days prior to such election. 

He shall also declare his intention to support such candidate for 
nomination, and shall add his place of residence, giving his street and 
number if any. His election precinct shall also appear on the paper just 
preceding his name, and he shall write the date of his signature at the 
end of the line just after his residence. Any nomination paper may be 
presented in sections, but each section shall contain the name of the 
candidate and the name of the office for which Jie is proposed for nomina¬ 
tion. Each section shall bear the name of the city or town, if any, and 
also the name of the county or city and county, in which it is circulated, 
and only qualified electors of such county or city and county, registered 
as intending to affiliate with the political party by which the nomination 
is to be made shall be competent to sign such section. Any section 
circulated within any incorporated city or town shall be signed only by 
registered qualified electors of such city or town. Each section shall be 
prepared with the lines for signatures numbered, and shall have attached 
thereto the affidavit of the verification deputy who has obtained signatures 
to the same, stating that all the signatures to the attached section were 
made in his presence, and that to the best of his knowledge and belief, 
each signature to the section is the genuine signature of the person whose 
name it purports to be; and no other affidavit thereto shall be required. 
The affidavit of any verification deputy obtaining signatures hereunder 
shall be verified free of charge by any officer authorized to administer an 
oath. Such nomination paper so verified shall be prima facie evidence 
that the signatures thereto appended are genuine and that the persons 
signing the same are registered qualified electors, unless and until it is 
otherwise proven by comparison of such signatures with the affidavits of 
registration in the office of the county clerk or registrar of voters. Each 
section of the nomination paper, after being verified, shall be returned by 
the verification deputy who circulated it to one of the five electors by 
whom the said verification deputy was appointed; and in this manner all 
the sections circulated in any county shall be collected by said five electors 
of that county and shall be by them arranged for filing or for examination, 
as provided in subdivision four of this section, and shall then be by some 


DIRECT PRIMARY LAW. 


one of them filed or left for examiiiatioii and filing. In case said verifica¬ 
tion deputy was appointed directly by the candidate according to the 
provisions of subdivision two (q) of this section, the collecting, arranging, 
and filing, or leaving for examination and filing, of the sections of the 
nomination paper shall be done by the candidate, or on his behalf, instead 
of by the “five electors” as hereinbefore provided. Each section of the 
nomination paper shall be in substance as follows: 

County of-, city (or town) of_(if any). 

Nomination paper of-, candidate for-party nomination Form of 

for the office of__ nominatior 

paper. 

State of California, 

County of_ 



signer’s statement, 

I, undersigned, am a qualified elector of the city (or town) of_, 

county of-, State of California, and am registered as intending 

to affiliate with the-party; and I hereby nominate_who 

resides at No.-street, city of_, county of_, 

State of California, as a candidate for the nomination of the_ 

party for the office of-to be voted for at the primary election 

to be held on the-day of August, 19_ I have not signed the 

nomination paper of any other candidate for the same office, and I further 
declare that I intend to support for such nomination the candidate named 
herein. 

1 furthermore declare that I have not signed the nomination paper of 
this candidate or any other candidate for office, as candidate of any other 
party at such primary election. 


No. 

Precinct. 

Signature. 

Residence. 

Date. 

1 





2 





3 





4 





5 





etc. 










VERIFICATION DEPUTY’S AFFIDAVIT, 

I, _, solemnly swear (or affirm) that I have been appointed 

according to the provisions of subdivision two, section five of the direct affidavit, 
primary law, as a verification deputy to secure signatures in the county 

of_ to the nomination paper of_as candidate for the 

nomination of the_party for the office of_; that all 

the signatures on this section of said nomination paper, numbered from 

one to_inclusive, were made in my presence, and that, to the best 

of my knowledge and belief, each of said signatures is the genuine signature 
of the person whose name it purports to be. 

(Signed) - 

Verification deputy. 

Subscribed and sworn to before me this-day of_, 19__. 

(Seal) - 


Notary public (or other official). 



















































14 


DIRECT PRIMARY LAW. 


Form for 

non-partisan 

offices. 

(Form p) 


Index of 
nomination 
paper— 
optional, but 
not com¬ 
pulsory. 


Form of 
index. 

{Form 10) 


County 
clerk’s 
examination 
of nomina¬ 
tion papers. 


Certification 
showing 
number 
of valid 
signatures. 


In the case of a nomination paper for any candidate for a judicial, 
school, coimtj", township or municipal office, the provisions of this sub¬ 
division shall apply, except that no such nomination paper nor any section 
thereof shall contain the name of any political party and any nomination 
paper for any candidate for a judicial office, school office, county office, 
township office, or municipal office may be si^ed by any registered qualified 
elector of the county or city and county, whether registered as being 
affiliated with any, or with no, political party. 

4. Prior to the filing of a nomination paper for any candidate, the 
sections thereof must be numbered in order and fastened together by 
cities or towns or portions of the county not included in such cities or 
towns, substantially in the manner required for the binding of affidavits 
of registration by the provisions of section one thousand one hundred 
thirteen of the Political Code; provided, that the sections of the nomina¬ 
tion paper may be preceded by an index of precincts, arranged by cities, 
towns or outside territory in the numerical or alphabetical order of such 
precincts for each such city, town or outside territory and showing after 
tlie name or number of such pn'cinct the numbers of the sections on which 
the names of the electors registered in such precinct are to be found, and 
after the number of each section, the number (in parenthesis) of times 
such names are to be so found on such section. Such index shall be in 
substantially the following form : 

CITY OF_ 


No. of precinct Numbers of sections containing voters of precinct 


1_ _ . 

1 (3 times) 

2 (5 times) 

3 (7 times) 

etc. 

2 __ _ 
etc. 

1 (4 times) 

2 (0 times) 
etc. 

3 (6 times) 

etc. 


etc. 

etc. 


TOWN OF_ 

OUTSIDE TERRITORY 


And provided, further, that for all nominations of candidates to be voted 
for in more than one county, or throughout the entire state, the nomina¬ 
tion papers, properly assembletl, may be consolidated and fastened or 
bound together by counties; but in no case shall nomination papers signed 
by electors of different counties be fastened or bound together. The county 
clerk or regi.strar of voters of any county or city and county shall examine 
all nomination papers herein provided for which purport to have been 
signed by electors of his county or city and county, and shall disregard 
and mark “not sufficient” any name appearing on such paper or papers 
which does not appear in the same handwriting on an affidavit of registra¬ 
tion in his office made on or before the date when such name was signed, 
or which, except in the case of nomination papers of candidates for judicial, 
school, county, township or municipal offices, the signers of which may be 
registered as of any or of no party, does not appear on said affidavit as 
intending to affiliate with the party named in such nomination papers. 
Such officer shall, within five days after any nomination papers are filed 
with him or left for examination, examine the same as herein provided, 
and affix thereto a certificate reciting that he has examined the same and 
stating the number of names signed thereto which have not been marked 

















DIRECT PRIMARY LAW. 


15 


“not sufficient” as hereinabove provided. All nomination papers which by 
this act are required to be filed in the office of the secretary of state, shall 
be left with the county clerk or registrar of voters for examination, as 
above provided, at least forty days prior to the August primary election 
or the May presidential primary election, and shall, with such certificate 
of examination attached, within five days after being so left, be forwarded 
by such county clerk or registrar of voters to the secretary of state, who 
shall receive and file the same. All nomination papers which by this act 
are required to be filed in the office of the city clerk or secretary of the 
legislative body of any city or municipality shall be left with the county 
clerk or registrar of voters for examination, as above provided, at least 
twenty-five days prior to the primary election at which such nominations 
are to be made, and shall, with such certificate of examination attached, 
within five days after being so left be forwarded by such county clerk or 
registrar of voters to the city clerk or secretary of the legislative body of 
such city or municipality who shall receive and file the same. The verifica¬ 
tion of signatures to nomination i)apers shall not be made by the candi¬ 
date, nor by any county clerk, or registrar of voters, nor by any of the 
deputies in the office of such county clerk or registrar of voters, nor within 
one hundred feet of any election booth, polling place, or any place where 
registration of electors is being conducted. Each candidate on or before 
the thirty-fifth day prior to the August primary election or the May 
presidential primary election, or on or before the twenty-fifth day prior 
to any other primary election, shall file in the place where his nomination 
paper is required to be filed, as provided in section six of this act, his 
affidavit, stating his residence, with street and number, if any; his election 
precinct; that he is a qualified elector in the election precinct in which 
he resides; the name of the office for which he is a candidate; that he will 
not before said primary election Avithdraw as a candidate for nomination 
and that if nominate.d he Avill accept such nomination and not withdraw, 
and that he will qualify as such officer if nominated and elected; and he 
shall also make the statement required in subdivision five of section six 
of this act. Nothing in this act contained shall be construed to limit the 
rights of any person to become the candidate of more than one political 
party for the same office upon complying with the requirements of this 
act, but no person shall be entitled to become a candidate for more than 
one office at the same election. No more than one affidavit need be filed 
by any candidate, even though he is the candidate for nomination by more 
than one political party. In no case shall the secretary of state, county 
clerk, or city clerk, place the name of any candidate on this ballot or 
certify any such name to be placed thereon unless the requisite affidavit 
has first been filed as herein provided. 

5. Except in the case of a candidate for nomination to a judicial office, 
school office, county office, or township office, nomination papers shall be 
signed as folloAVS: If the candidate is the candidate for an office to be 
voted on throughout the state, by not less than one-half of one per centum 
and not more than two per centum of the vote constituting the basis of 
percentage as defined in subdivision six of this section, of the party of 
the candidate seeking nomination, within the state; if the candidate is the 
candidate for an office to be voted on in some political subdivision of the 
state, but not throughout the state, by not less than one per centum nor 
more than two per centum of the vote constituting the basis of percentage, 
as defined in subdivision six of this section, of the party of the candidate 
seeking nomination within said political subdivision in which such candidate 
seeks nomination. 


(Forms 

13, 

and 14 ) 


Filing of 

nomination 

paper. 


Wiio may 
not serve 
as verifi¬ 
cation 
deputies. 


Candidate’s 
affidavit, 
where and 
when filed. 

(Form II) 


See Sec. 23 
for limita¬ 
tion. 


Only one 

affidavit 

required. 


Number of 
signatures 
necessary for 
nomination. 



16 


DIRECT PRIMARY LAW. 


Hasis of 
l)erceiitaj;e 
for sig¬ 
natures. 


Deretinina- 
lion of 
basis when 
boundaries 
of district 
are changed. 


Separate 

I)arty 

ticket. 


Number 
signatures 
required for 
non-partisan 
office. 


Independent 
candidates 
and ineligi¬ 
bility of 
defeated 
candidate. 


G. Except ill case of a caiidiclate for uomiiiatiou to a judicial, school, 
county, township or nuitiicipal office, the basis of percentage in each 
political party shall be the vote polled for such party’s candidate for 
governor, at the last preceding November election at which a governor 
was elected, in the state or in that political subdivision for which the 
candidate is proposed for nomination. Such party’s candidate for gover¬ 
nor may have been the candidate, either of the party alone, or of the 
party in conjunction with one or more other parties. But if such 
political party did not have any candidate for governor at such last 
preceding November election at which a governor was elected, the nom¬ 
ination paper must be signed by not less than one-half of one per centum 
nor more than two per centum of the total vote polled for all the candi¬ 
dates for governor, at such last preceding November election in the state 
or political subdivision for which the candidate is proposed for 
nomination. 

7. Whenever by rearrangement of political subdivisions of the state by 
any legislature, board of supervisors or other legislative body, the 
boundaries of such political subdivisions are changed, the vote polled for 
governor at the last preceding gubernatorial election by each party in 
each of the new political subdivisions shall be determined as follows: 
If the change occurs wholly within any county or city and county, the 
county clerk or registrar of voters of such county or city and county 
shall determine as nearly as possible such vote of each party in the new 
political subdivision by adding together for each party the vote for such 
party’s candidate for governor in each of the former precincts which now 
are combined to make up such new political subdivision. If the change 
occurs outside the limits of any county or city and county, the secretary 
of state shall determine such vote of each party in such new political 
subdivision by adding together for each party* the vote for such party's 
candidate for governor in the counties which now are .combined to make 
up such new political subdivision. In the same way that the highest vote 
for each party in each new political subdivision is ascertained, shall also 
be ascertained the total vote at such election as is required to be deter¬ 
mined by the provisions of subdivision eight of this section. Every 
political party qualified to participate in the primary election by the 
provisions of subdivision nine of section one of this act, for nomination 
by which party there shall have been filed nomination papers for one or 
more candidates containing a sufficient number of signatures, shall be 
entitled to a separate party ticket at the primary election; but all such 
party tickets must be alike in the designation of candidates for judicial, 
school, county, and township offices. 

8. In the case of a candidate for nomination to a judicial, school, 
county, township or municipal office, nomination papers shall be signed 
by not less than one-half of one per centum, nor more than two per 
centum of the total vote cast at the last general election in the state or 
political subdivision tliereof in which such candidate for judicial or school, 
county, or township office seeks nomination. 

9. Nothing herein shall be construed as prohibiting the independent 
nomination of candidates as provided by section one thousand one hun¬ 
dred eighty-eight of the Political Code, as said section reads at the time 
of said nomination; except that a candidate for whom a nomination 
paper has been filed as one of the candidates for nomination to any office 
on the ballots of any political party at a primary election held under the 
provisions of this act, and who is defeated for such party nomination at 
such primary election, shall be ineligible for nomination as an independent 
candidate for the same office at the ensuing general election; and no 
person shall be permitted to file nomination papers for a party nomina¬ 
tion and an independent nomination for the same office, or for more than 


DIRECT PRIMARY LAW. 


17 


oue office at the same election. Nor shall any i^erson whose name has Number votes 
been written in upon any ballot or ballots for any office at any primary noSate^'^ 
election, have his name placed upon the ballot as a candidate for such “written-in” 
office at the ensuing general election, except under the provisions of said 
section one thousand one hundred eighty-eight of the Political Code, unless 
at such primary election he shall have received for such office votes equal 
in number to the minimum number of signatures to the nomination paper 
which would have been required to be filed to have placed his name on 
the primary ballot as a candidate for nomination to such office. 

10. The officer with whom nomination papers are filed shall keep a Record of 
record in which he shall enter the names of every person presenting the 
same for filing, the name of the candidate, the title of the office, the party, 
if any, and the time of filing. 

Nomination papers, filing of. 

Sec. G. All nomination papers provided for by this act shall be filed 
as follows : 

1. For state officers. United States senators, representatives in con- with 
gress, members of the state senate and assembly, delegates to state conven- 
tions from “hold-over senatorial districts” and all officers voted for in 
districts comprising more than one county, in the office of the secretary 

of state. 

2. For officers to be voted for wholly within one county or city and With 
county, except representatives in congress, delegates to state conventions 
from “hold-over senatorial districts” and members of the state senate and 
assembly, in the office of the county clerk of such county or in the office 

of the registrar of voters in such city and county. 

3. For city officers, in the office of the city clerk or secretary of the With 
legislative body of such city or municipality. 

4. When a nomination paper or sections thereof shall have been received 
which contain a number of signatures equal to two per centum of the Only two 
vote constituting the basis of percentage as provided in subdivisions five, to be filed, 
six and nine of section five of this act, the officer with whom such papers 

are required to be filed shall not receive or file further sections of the 
nomination paper for the candidate named therein. 

5. No more signatures shall be secured for any candidate than a number Nomination 
equal to three per centum of the vote constituting the basis of percentage as 
provided in subdivisions five, six, and nine of section five of this act; of three 
provided, that if, through miscalculation or otherwise, more signatures J^rSned 
are secured than the said three per centum, all sections of the nomination to signers, 
paper containing signatures in excess of said three per centum must be 

sent to the candidate; and before any nomination paper is filed as pro¬ 
vided in this section, the candidate must notify each signer of such excess 
sections that his name has not been used ; and in the affidavit required to 
be filed in subdivision four of section five of this act, affiant must state 
whether he has complied with the provisions contained in subdivision five 
of section six of this act. 

Fees for filing. 

Sec. 7. 1. A filing fee of fifty dollars shall be paid to the secretary of For state 

state by each candidate for state office or for the United States senate, o^ces. 
except as otherwise provided in this section. 

2. A filing of twenty-five dollars shall be paid to the secretary of state For district 
by each candidate for representative in congress or for any office, except o^ces. 
member of state senate and assembly, to be voted for in any district com¬ 
prising more than one county. 


2—35624 


18 


DIRECT PRIMARY LAW. 


For legisla¬ 
tive offices. 

For county 
offices. 


For munici¬ 
pal offices. 


For offices 
witii no, or 
little, com¬ 
pensation. 


Prepayment 

necessary. 


Filing fee 
required from 
“written-in” 
candidate. 


Separate 
filing fee 
required for 
each nomi¬ 
nation. 


Disposition 
of filing 
fees. 


Expenses of 
election- 
how paid. 


3. A filing fee of ten dollars shall be paid to the secretary of state by 
each candidate for the state senate or assembly. 

4. A filing fee of ten dollars shall be paid to the county clerk or reg¬ 
istrar of voters in any city and county when the nomination paper or 
papei\s and affidavit of any candidate to be voted for wholly within one 
county or city and county are filed with such county clerk or registrar 
of voters. 

f). A filing fee of ten dollars shall be paid to the city clerk or secretary 
of the legislative body of any nninicipality when the nomination paper or 
I)apers and affidavit of any candidate for a city office are tiled with such 
clerk or secretary of such legislative body. 

(». No filing fee shall be required from any i)erson to be voted for at 
the May presi<lential primary election, or from any erandidate for an office 
to the hohh'i* of which no fixed conpxmsation is required to be paid, or 
for townshii) or municipal offices the comi)ensalion to the holder of whi<‘h 
does not exceed the sum of six hundred dollars i)er annum. 

7. In no case shall th(‘ secretary of state, county clerk, registrar of 
voters, or (aty clerk, receive any nomination pai)ers for tiling until the 
requisite fee for such filing, as prescribed in this section, has first been 
paid to him. 

8. When a person for whom a nomination paper has not ben filed is 
nominated for an office by having his name Svritten on a primary election 
ballot, he must pay the same filing fee that would have been required if 
his nomination paper had been filed; otherwise his name must not be 
printed on the ballot at the ensuing general election. 

9. When a candidate for nomination to office is proposed for nomina¬ 
tion by more than one political party, he must pay a separate filing fee 
for each party in which he is proposed for nomination ; or if, having filed 
a nomination paper for one party, he is nominated by another party by 
having his name written on a primary election ballot, he must pay the same 
filing fee for such other party nomination that would have been required 
if his nomination paper for such other party had been filed; otherwise his 
name shall not be printed on the general election ballot as the nominee 
of such other party. 

Fees, disposal of. 

Sec. S. The county clerk shall immediately pay to the county treasurer 
and the registrar of voters in any city and county shall immediately pay 
to the city and county treasurer all fees received from candidates. The 
city clerk or secretaiT of the legislative body of any municipality shall 
immediately pay to the city treasurer all fees received from candidates. 
Within ten days after the primary election the secretary of state shall pay 
to the state treasurer all fees received from candidates and shall apportion 
the fees paid to him by each candidate equally among the counties within 
wdiich such candidate is to be xoted for, and certify such apiwrtionment 
to the state controller, wdio shall issue warrants on the state treasurer 
for the amount due each county and the state treasurer shall pay the same. 

Expenses, how paid. 

Sec. 9. The expense of providing all ballots, blanks and other supplies 
to be used at any primary election provided for by this act and all expenses 
necessarily incurred in the preparation for or the conduct of such primary 
election shall be paid out of the treasury of the city, city and county, 
county or state, as the case may be, in the same manner, with like effect 
and by the same officers as in the case of general elections. 


DIRECT PRIMARY LAW. 


19 


List of 
candidates 
sent to 
county cleik. 


Puhlication 
by county 
clerk. 

(Form i 6 ) 


Certified list of candidates, publication of. 

Sec. 10. At least thirty days before any August primary election 
preceding a November election or before any Maj^ presidential primary 
election the secretary of state shall transmit to each county clerk or reg¬ 
istrar of voters in anj'^ city and county a certified list containing the name (Form 15 ) 
and post-office address of each person for whom nomination papers have 
be('n filed in the office of such secretary of state, including the candidate 
for deleuale to a state convention, if any, from a “hold-over senatorial 
district” and who is entitled to be voted for in such county at such primary 
election, together with a designation of the office for which such person 
is a condidate and except in the case of a judicial office, or a school office 
of the party or princijile lie represents. Such county clerk or registrar 
of vot(‘rs shall forthwith, upon reci'ipt tlu'reof, publish under the jiroper 
]»arty designation the title of each olfice (except a judicial oflice or a 
.school ollice) which appears upon the certified list transmitted by the 
secretary of slate as hereinbefore i»rovided, together with the names and 
addr('ss(‘s of all persons for whom nomination paiiers have been filed for 
each of said offices in the office of the st'cretary of state, and also the 
name.s of all candidates for the county central committee, filed in the 
office of the county clerk or registrar of voters. He shall also publish the 
title of each judicial office, school office, county office, and township office, 
together with the names and addresses of all persons for whom nomina¬ 
tion papers have been filed for each of said offices, either in the office of 
the secretary of state or in the oflice of the count 3 ^ clerk or registrar of 
voters, and shall state that candidates for said judicial, school, county, and 
township offices may be voted for at the primary election, by any regis¬ 
tered, qualified elector of the county, whether registered as intending to 
affiliate with any political party or not. He shall also publish the date 
of the primary election, the hours during which the polls will be open, and 
that the primary election will be held at the legally designated polling 
places in each precinct, which shall be particularly designated. It shall 
be the duty of the count.y clerk or registrar of voters in any city and 
county to cause such publication to be made once each week for two 
successive weeks prior to said primary election. 


Publications. Where made. 

Sec. 11. Every publication required b^’ this act shall be made in not Notice of 
more than two newspapers of general circulation published in such county 
or city and county% and one of such newspapers shall represent the politi- published, 
cal party that cast at the last preceding general election the highest num¬ 
ber of votes in such county or city and county, and one of such news¬ 
papers, if any, shall represent the party which cast the next highest 
number of votes at such election. In any case where the publication of 
the notices provided for by this act can not be made as hereinbefore 
provided it shall be made in any newspaper having a general circulation in 
the city or county in which the notice is required to be published. 

Ballots. Instructions to voters. 

Sec. 12. 1. All voting at primary elections within the meaning of this 

act shall be by ballot. A .separate official ballot for each political party Qjflciai 
shall be i)rinted and jirovided for use at each voting precinct; but all such ballots 
party ballots must be alike in the designation of candidates for judicial, tiveMlor— 
school, county, and township offices. The ballots must have a different how pro¬ 
tint or color for each of the political parties participating in the primary 
election. There shall also be printed and provided a nonpartisan ballot 


20 


DIRECT PRIMARY LAW. 


\ 


Description 
of ballots. 


Heading of 
ballots. 


Instructions 
to voters. 


of a (lilTcreiit tint and color from all the others (or white, if all the others 
are colored), which shall contain onlj^, but in like manner, all the candi¬ 
dates for judicial, school, county, and township offices to be voted for at 
the primary election; and one of the nonpartisan ballots shall, at the 
primary election, be furnished to each registered qualified elector who is 
not registered as intending to affiliate with any one of the political parties 
participating in said primary election; but to any elector registered as 
intending to affiliate with any political party participating in the primary 
there shall be furnished, not a nonpartisan ballot, but a ballot of the 
political party with which said elector is registered as intending to affiliate. 

It shall be the duty of the county clerk of each county or of the registrar 
of voters in any city and county to provide such printed official ballots to 
be used at any August primary election for the nomination of candidates 
to be voted for in such county or city and county at the ensuing November 
election and at any May presidential primary election. It shall be the 
duty of the city clerk or secretary of the legislative body of any munici¬ 
pality to provide such printed official ballots for any primary election 
other than the August primary election or the May presidential primary 
election. Such official ballots to be used at any primary election shall be 
printed on official paper, furnished by the secretary of state, in the manner 
provided by section one thousand one hundred ninety-six of the Political 
Code, and in the form hereinafter provided. The names of all candidates 
for the respective offices for whom the prescribed nomination papers have 
been duly filed shall be printed thereon. 

2. Official primary election ballots used at any primary election for the 
nomination of candidates to be voted for at any presidential or general 
state election, except as provided in subdivision five of this section, shall 
be as long as the herein prescril)ed captions, headings, party designations, 
directions to voters and lists of names of candidates, properly subdivided 
according to the several offices to be nominated for, may require; and no 
official primary election ballot shall be less than six and one-half inches 
wide. 

3. Across the top of the ballot shall be printed in heavy-faced gothic 
capital type, not smaller than forty-eight point, the words: “Official 
Primary Election Ballot”; providing, that on a nonpartisan ballot said 
words may be printed in gothic capital type not smaller than twenty-four 
point. Beneath this heading shall be printed in heavy-faced gothic capital 
type, not smaller than twenty-four point, the party designation if it be 
a party ballot; or, in the case of a ballot containing the names of no 
candidates except candidates for a judicial, school, county, or township 
office, the words “Nonpartisan Ballot.” The instructions to voters shall 
be printed in ten point gothic type. In the case of official primary election 
ballots to be used at any primary election held for the nomination of 
candidates other than those to be voted for at a presidential or a general 
state election, and on which, in accordance with the provisions of this 
act, the names of candidates may be printed in a single column or in two 
parallel columns, as the case may be, the words “Official Primary Election 
Ballot” shall be printed thereon in heavy-faced gothic capital type, not 
smaller than twenty-four point. The party or nonpartisan designation 
shall be printed in heavy-faced gothic capital type, not smaller than 
eighteen point. The instructions to voters shall be printed in ten point 
gothic type. 

4. At least three-eighths of an inch below the assembly district designa¬ 
tion and the date of the primary election shall be printed in ten point 
gothic type, double leaded, the following instructions to voters: “To vote 
for a person whose name occurs on the ballot, stamp a cross ( X ) in the 
square at the right of the name of the person for whom you desire to 


DIRECT PRIMARY LAW. 


21 


vote. To vote for a person whose name is not printed on the ballot, 
write his name in the blank space provided for that purpose.” 

5. The instructions to voters shall be separated from the lists of candi¬ 
dates and the designations of the several offices to be nominated for by 
one light and one heavy line or rule. The names of the candidates and 
the respective offices shall, except as may be hereinafter otherwise pro¬ 
vided, be printed on the ballot in four or more parallel columns, each two 
and one-half inches wide. The number of such parallel columns shall be 
exactly divisible bj'^ two, and such parallel columns shall be equally 
divided on the ballot for party and nonpartisan tickets by a solid black 
line, extending down from the printed lines separating the instructions 
to voters from the list of names of candidates to the bottom margin of 
the ballot. In the case of a primary election for the nomination of candi¬ 
dates to be voted for at a presidential or general state election, the order 
of precedence shall be as follows, that is to say: In the column to the left, 
under the heading state shall be printed the groups of names of candi¬ 
dates for state offices, except judicial and school offices, and for members 
of the state board of equalization. In the second column, under the 
heading congkessional shall be printed the groups of names for United 
States senator in congress, if any, and for representative in congress. 
Next, under the heading legislative shall be printed the groups of names 
for state senator, if any, for member of assembly, and for election as 
delegate to the state convention from a “hold-over senatorial district,” if 
any. Finally under the heading county committee, shall be printed the 
names of the candidates for election to membership in the county central 
committee of the party. In the case of primary elections where state 
officers are not to be nominated, at the left of the solid black dividing line 
there may be only one column. In the parallel columns to the right of the 
solid black dividing line shall be printed the groups of names of candi¬ 
dates for nomination to judicial, school, county, and township offices in 
the following order: Under the heading judicial shall be printed all the 
names of candidates for judicial offices, in the order of chief justice supreme 
court, associate justices supreme court, judge of district court of appeals, 
judge of superior court and justice of the peace. Next, under the heading 
SCHOOL shall be printed all the names of candidates for school offices in 
the order of state sui>erin ten dent of instruction, superintendent of schools, 
and school district officers, if any. Next, under the heading county and 
township shall be printed the groups of candidates for all county and 
township offices except judicial or school offices. In the case of primary 
elections where county officere are not to be nominated, at the right of 
the solid black dividing line there may be only one column. The non¬ 
partisan ballot provided for in subdivision one of this section shall be 
identical as to offices and names of candidates with that portion of the 
party ballot which is printed to the right of the solid black dividing line 
hereinabove described. The tally sheets furnished to election officers shall 
have the names of offices and candidates arranged in the order in which 
said names of officers and candidates are printed on the ballots according to 
the provisions of this section and subdivision. In the case of primary elec¬ 
tions for the nomination of candidates for city, city and county or municipal 
offices only, the groups of names of candidates may be printed in two 
parallel columns and the order of precedence shall be determined by the 
legislative body of such city or municipality or by the board of election 
commissioners of any such city and county. 

(>. The group of names of candidates for nomination to any judicial 
office, school office, county office, or township office shall include all the 
names receiving the requisite number of signatures on a nomination paper 
for such office, and shall be identical for each such office on the primary 
election ballots of each political party participating at the primary election; 


Form of 
ballots and 
order of 
offices. 


Nonpaitisan 

ballots. 


Tickets of 
all parties 
identical 
as to non¬ 
partisan 
offices. 


22 


Rotation of 

candidates’ 

names on 

i)allot— 

state and 

district 

offices. 


Rotation of 
names—■ 
county 
offices. 


No rota¬ 
tion for 
senate and 
assembly, 
nor for 
municipal 
office. 


DIRECT PRIMARY LAW. 

but the groups of names of candidates for all other offices on the ballots 
of each political party shall comprise only the names of the candidates 
for nomination by such party. 

7. The order in which the list of candidates for any office shall appear 
upon the primary election ballot shall be determined as follows: 

(rt) If the office is an office the candidates for which are to be voted 
on throughout the entire state, including United States senator in con¬ 
gress, the secretary of state shall arrange the names of all candidates for 
such office in alphabetical order for the first assembly district; and there¬ 
after for each succeeding assembly district, the name appearing first for 
each office in the last preceding district shall be placed last, the order of 
the other names remaining unchanged. If the office is that of representa¬ 
tive in congress, or is an office the candidates for nomination to which are 
to be voted on in more than one county or city and county, but not 
throughout the entire state, except the office of state senator or assembly¬ 
man, the secretary of state shall arrange the names of all candidates for 
such office in alphabetical order for that assembly district which is lowest 
in numerical order of any assembly district in which such candidates are to 
be voted on ; and thereafter for such succf^eding assembly district in which 
such candidates are to be voted on, the name appearing first for such 
office in the last preceding district shall be placed last, the order of the 
other names remaining unchanged. In transmitting 'to each county clerk 
or registrar of voters the certified list of names as required in section ten 
of this act, the secretary of state shall certify and transmit the list of 
candidates for nomination to each office according to assembly districts, 
in the order of arrangement as determined by the above provisions; and 
in the case of each county or city and county containing more than one 
assembly district he shall transmit separate lists for each assembly district. 
Except for the office of state senator or assemblyman, the order in which 
the names filed with the secretary of state shall appear upon the ballot, 
shall be for each assembly district the order as determined by the secretary 
of state in accordance with the above provisions, and as certified and 
transmitted by him to each county clerk or registrar of voters. 

(h) If the office is an office to be voted on tbrougbout, but wholly 
within, one county or city and county, except the office of representative 
in congress or state senator or assemblyman, the county clerk of such 
county or the registrar of voters of such city and county, shall arrange 
the names of all candidates for such office in alphabetical order for the 
first supervisorial district; and thereafter for each supervisorial district, 
the name appearing first for each such office in the last preceding super¬ 
visorial district shall be placed last, the order of the other names remaining 
unchanged; provided, there are no more than five assembly districts in 
such county, or city and county. If there are more than five assembly 
districts in such county, or city and county, the county clerk or registrar 
of voters shall so arrange on the ballot the order of names of all candi¬ 
dates for such office that they shall appear in alphabetical order for that 

assembly district in such county, or city and county, which is lowest in 

numerical order, and thereafter for each succeeding assembly district in 
such county, or city and county, the name appearing first for each office 
in the last preceding assembly district shall be placed last, the order of 
the other names remaining unchanged. 

(c) If the office is that of state senator or assemblyman, or delegate to 

the state convention from a “hold-over senatorial district,” or member of 

a county central committee, or any office except the office of representative 
in congress to be voted on wholly within any county or city and county 
but not throughout such county or city or county, the names of all candi¬ 
dates for such office shall be placed upon the ballot in alphabetical order. 

(d) If the office is a municipal office in any city or town whose charter 
does not provide for the order in which names shall aiDpear on the ballot, 


DIRECT I’RIMARY LAW. 


23 


the names of candidates for such ofRce sliall he placed upon the ballot in 
alphabetical order. 

8. In publishing the names and addresses of all candidates for whom 
nomination paper.s have been tiled, as required in section ten of this act, 
the countj’ clerk or registrar of voters shall publish the names in the 
order in which they will appear upon the ballot; provided, that in counties 
or cities and counties containing more than one assembly district the 
order of names of candidates shall be that of the assembly district in such 
county or city and county which is lowest in numerical order. 

9. Each group of candidates to be voted on shall be preceded by the 
designation of the office for which the candidates seek nomination, and the 
words “Vote for One” or “Vote for Two” or more according to the number 
to be elected to such office at the ensuing election. Such designation of 
the office to be nominated for and of the number of candidates to be 
nominated shall be printed in heavy-faced gothic type, not smaller than 
ten point. The word or words designating the office shall be printed flush 
with the left-hand margin and the words “Vote for One” or “Vote for 
Two” or more, as the case may be, shall extend to the extreme right of 
the column and over the voting square. The designation of the office and 
the direction for voting shall be separated from the names of the candi¬ 
dates by a light line. 

10. The names of the candidates shall be printed on the ballot without 
indentation, in roman capital type not smaller than eight point, between 
light lines or rules three-eighths of an inch apart. Under each group of 
names of candidates shall be printed as many blank spaces, defined by light 
lines or rules, three-eighths of an inch apart, as there are to be candidates 
nominated for such office. To the right of the names of the candidates 
shall be printed a light line or rule so as to form a voting square three- 
eighths of an inch square. Each group of names of candidates shall be 
separated from the succeeding group by one light and one heavy line or 
rule. Each series of groups shall be headed by the word “State,” “Con¬ 
gressional,” “Legislative,” “County and Township” or “Municipal” or other 
proi)er general classification, as the case may be, printed in heavy-faced 
gotliic capital type, not smaller than twelve point. All official primary 
election ballots shall have printed on the back and immediately below the 
center thereof, in eighteen point gothic capital tyiKi, the words “Official 
Primary Election Ballot,” and underneath these words the respective num¬ 
bers of the congressional, senatorial and assembly districts in which each 
ballot is to be voted. In the case of a primary election for the nomination 
of candidates for city or city and county offices only, the designations on 
the back of the ballot, in addition to the words “Official Primary Election 
Ballot,” shall be the official designation of the respective ward and voting 
precinct in any such city or municipality, or the number of the a.ssembly 
district and of the voting precinct in any such city and county in which 
each ballot is to be voted. The ballot shall be printed on the same leaf 
with a stub and separated therefrom by a perforated line across the top of 
the ballot. On each ballot a perforated line shall extend from top to 
bottom one-half inch from the right hand side of such ballot, and upon the 
half-inch strip thus formed there shall be no printing except the number of 
the ballot which shall be on the back of each strip, in such position that it 
shall api>ear on the outside when the ballot is folded. The number on 
each ballot shall be the same as that on the corresponding stub, and the 
ballots and stubs shall be numbered consecutively in each county; pro¬ 
vided, that the sequence of numbers on such official ballots and stubs for 
each party sluill begin with the number one. The ofiicial ballots of each 
l)olitical party shall be made up in stub book.s, each book to contain ten, 
or some multiple of ten, ballots, in the manner provided by law for 
official election ballots, and except as to the order of the names of candi¬ 
dates shall be printed in substantially the following form : 


Description 
and form 
of ballot. 


Blank 

spaces. 


Back of 
ballot. 


Ballot 

numl)er. 


Stub books. 


24 


DIRECT PRIMARY LAW 


OFFICIAL PRIMARY ELECTION BALLOT 

REPUBLICAN PARTY 

Forty-Eighth Assembly District, August 25, 1914 


fo rot* for ft p«noD wboM Oftme ftppoftit od th* ballot, stamp ft cross (X) in tbs sqaars at tbs RIGHT of tbs cams of tbs psjtoiHfof whom jreu dsiirs 
«o rota To rots for a psrsoD whose iie,oie is cot prioted oa tbs ballot, writs his name in tbs blank spacs provided for that purpose. 


Ooveraor 


STATE 


Vote for One 


KiCiiARO ROE 


HEKRY OROWN 


JOMV DOE 


tieateDftnt Governor Vote for One 


WILLIAM SMITH 


THOMAS CREEN 


^rORACE jonRs 


SecretftTT of State Vote for One 


JOHN TOURT1LLOTT8 


Af.DERT OERC 


rSTER E. HAH&OU 


Controller 


Vote for One 


THOMAS THOMPSON 


SAMUEL ALDEN 


WILUAU OUHN 


Treasnrer 


Vote for One 


HENRY SAMPSON 


A. Y CHILTON 


SAMUEL JOHNSON 


Attorney General 


Vote for One 


CEORCE P WILSON 


W D CURRAN 


THOMAS O’ORIE.N 




Surveyor General 


Vote for One 


FRANK WHEATO.N 


MICHAEL KERNAN 


JOHN r. WALKER 


Member State Board of Bqnaluatlon, 
First District Vote for One 


William aoams 


harry alcer 


CONGRESSIONAL 


United States Senator Vote for One 


CHARLES N HART 


Walter orownlow 


Cassius \ clay 


Bepreientallve in OonEreea 
8tb District Vc 


PETER PETERSO.V 


BASTICK COVLAN 


HENRY HUDSON 


LEGISLATIVE 


Member Assembly 
48tb Diftrict 


Vote for One 


rCTER PETERSON 


ANDREW ANDERSON 


oeorOe CAUCHEY 


Delegate to State Convention 
17tb Senatorial District 

Vote for One 


WILLIAM S' STOKES 


AMOS STRONG' 


COUNTY COMMITTEE 


Membebs County Central 

Committee Vote for Three 


JOHN f. HUNT 


JOSEPH T. JOHNSON 


H L ttAYNARD 


E. & MINOR 


H f) ROBIN.SON 


EDWARD F. STEVENS 


JUDICIAL 

County Clerk Vote for One 

Chief Jnstice Sup. Court Vote for One 

S R. MALLORY | 

WALTER VVILTER 


JAMES n MiCKEARY 


JOSEPH JENNINGS 

• 

ASfiUKY C LATTIMER | 

1 

THOMAS MERTOX 

! 



Aoditcv Vote for On* 

Associate Justice Sup. Ct Vote for Two 

JOHN W DANIEL 1 

1 

WILLIAM BREWER 


U J FOSTER 


ERASTUS PECK 


JOHN M Patterson 


SAMUEL5N0W 


J F ALLEE 


GEORGE TAWNEY 


CLARENCE 0 CLARK 









Treasurer Vote for On* 

Judge of the District Court of AppeM, 
First District Vote for One 

FRED T DU BOIS 


AUGUSTUS 0 BACO.N 


ANTJIONN BREXXAN 


JAMES H OERRV 


PETER DREW 






Afsessor Vote for One 

Judge of the Superior CL Vote for Two 

J S SPOONER 


GEORGE BUNN 


K C NEWLANDS 


WALTER CAMPDELL 


£ W PETTUS 


CHARLES R. OAVIS 




THOMAS MeCALL 


Tax Collector Vote for One 

ERNEST W ROBERTS 


*KNUTB NELSON 


---- . 


RC0Ft‘H4] PROCTOR 


E. W CARMACK 

. 

Jutlke of the Peace Vote for Two 



THOMAS SULLIVAN 


Recorder Vote for One 

PETER HEPBURN 


C M DE PEW 


CLAUDE SWANSON 


CHARLES W FULTON 




THOMAS H. Carter 






SCHOOL 

*ubUc Administrator Vote for One 

Supt. of Pub. Instruction Vote for One 

11. M. TELLER 


CHARLES N STOVER 


J W. BAILEY 


FRANK N. KENDALL 




ARTHUR ROBERTS 


Coroner Vote for One 



JAMES B. FRAZIER 

A 

County Supt of Schools Vote for One 

II C LODGE 


TIMOTHY HEALEY 


W P DILLINGHAM 


J, W REYNOLDS 




CHARLES CARSON 


Surveyor Vote for One 



JOHN f DRVDEN 


COUNTY AND TOWNSH 

IP 

r One 

J It FORaKER 


Sheriff Vole fc 



J. P. DOL^IVER 


Supervisor Vote for One 

CHESTER 1, LONG 


C. D PATTERSON 


R. A. ALGUR 


THOMAS SPICHT 




JAMES E WATSON 


Dislrtct Attorney Vote for One 



II A. B K1TTREDCE 


Constable' Vote for One 

1 JOHN T. MORGAN 


R W PARKER 1 

I 

1 -E. J. BURKETT 


JOHX A STERLING 

i 

1 


! 



















































































































































































































































































DIRECT PRIMARY LAW 


25 


OFFICUL PRIMIlRlf FLFCTION BIILLOT 

NON-PARTISAN BALLOT 

Forty-Eighth Assembly District, August 25, 1914 


To vototoro paroon whose name appear* on tha ballet atamp a eree*(x){n 
the CQuare at the RIGHT of the name of the pefaon for whom you desire to 
vote. To vote for a person whose name is not printed on the ballot write hie 
name In the blank space provided for. that purpose. 


JUDICIAL 

County CJsrk Vote for Ono 

Chief Jnatioa Sop. Oout Vote for 0ns 

S. R. MALLORY 


WALTER WILTER 


JAMES a McCreary 


JOSEPH JENNINGS 


ASBURY C i^TTIMBR 


THOMAS MERTON 






Auditor Vote for Ona 

Associate Jnstica 6np. Ot. Vote for Two 

JOHN W. DANIEL 1 

1 

WILLIAM BREWER 


M. J. FOSTER 


ERASTUS PECK 


JOHN M. PATTERSON 


SAMUEL SNOW 


J. P. ALLEB 


GEORGE TAWNEY 


CLARENCE D. CLARK 








Treasurer Vote for On* 

Jodfe of the District Court of Appeal, 
Virst District Vote for One 

FRED T. DU BOIS 


AUGUSTUS O. BACON 


ANTHONY BRENNAN 


JAMES H. BERRY 


PETER DREW 






Assessor Vote for On* 


V va waav m la^vs awa w* vvaVA\ 


J. S SPOONBR 


GEORGE BUNN 


B a NEWLAN0S 


WALTER CAMPBELL 

- “ ■ -‘ 


E. W. PETTUS 


CHARLES R. DAVIS 




THOMAS McCall 


Tax OoUsetor Vote for Ono 

ERNEST W. ROBERTS 


KNUTB NELSON 




RBDPIELD PROCTOR 




B. W. CARMACK 


Jastiee of the Peace Vote for Two 



THOMAS SULLIVAN 


Recorder Vote for One 

PETER HEPBURN 


C M. DB PEW 


CLAUDE SWANSON 


CHARLES W. FULTON 




THOMAS a CARTER 






SCHOOL 

Publio Adalnirtrator VoW for One 

8apt. of pQb. Icstmction Vote for One 

H. M. TELLER 


CHARLES N. STOVER 


J W. BAILEY 


FRANK N KENDALL 




ARTHUR ROBERTS 


Coroner Vote for Ono 



JAMES a FRAZIER 


OonntF Snpt. of Schools Vote for One 

H. a LODGE 


TIMOTHY HEALEY 


W. P DILLINGHAM 


J. W REYNOLDS 




CHARLES CARSON 


Surv^or Vote for One 



JOHN P DRYDEN 


COUNTY AND TOWNSHIP 

J. B. FORAKER 

! 


Sheriff Vote for One 



J P DOLLIVER 


Superrisor Vote for One 

CHESTER t LONG 


C B, PATTERSON 


R, A ALGER 


THOMAS SPICHT 




JAMES E. WATSON 


District Attomej Vote for One 



A B KITTREDCE 


Constable Vote for One 

JOHN T MORGAN 


R W PARKER 


E-'j BURKETT 


JOHN A STERLING 













































































































































































26 


DIRECT PRIMARY LAW. 


Sample 
ballots to 
be mailed 
to voters. 


Printing and 
distribution 
of ballots. 


Niimljer of 
ballots— 
bow com¬ 
puted. 


From G a.m 
to 7 p.m. 


Sample ballots. 

Sec. 13. At least twenty days before the August primary election or 
before the IMay presidential primary election each county clerk or registrar 
of voters in any city and county shall prepare separate sample ballots for 
each political party, and a se])arate sample nonpartisan ballot, placing 
thereon in each case in the ordm* provided in subdivision seven of section 
twelve of this act, and under the appropriate title of each office, the names 
of all candidates for whom nomination papers have been duly filed with 
him, or have been certified to him by the secretary of state, to be voted 
for at the primary election in his county or city and county. Such 
sample ballots shall be printed on paper of a different texture from the 
paper to be used on the official ballot, and one sample ballot of the party 
to which the voter belongs as evidenced by his resignation shall be mailed 
to each such voter entitled to vote at such August primary election or 
May presidential primary election, as the case may be, not more than ten 
nor less than five days before the election. Not more than ten nor less 
than five days before the August primary election a nonpartisan sample 
ballot printed on paper of a different texture from the paper to be used 
on the official ballot shall be mailed to each registered qualified elector who 
is not registered as intending to affiliate with any of the parties partici¬ 
pating in said primary election. Such clerk or registrar of voters shall 
forthwith submit the ticket of each political party to the chairman of the 
county committee of such party and shall mail a copy to each candidate 
for whom nomination papers have been filed with him or whose name has 
been certified to him by the secretary of state, to the post-office address as 
given in such nomination paper or certification, and he shall post a copy 
of each sample ballot in a conspicuous place in his office. Before such 
primary election the county clerk or registrar of voters in any city and 
county shall cause the official ballot to be printed as provided by section 
twelve of this act, and distributed in the same manner and in the same 
quantities as provided in sections one thousand one hundred ninety-eight, 
one thousand one hundred ninety-nine and one thousand two hundred one 
of the Political Code for the distribution of ballots for elections; pro- 
rifled, that the number of party ballots to be furnished to any precinct 
shall be computed from the number of voters registered in such precinct 
as intending to affiliate with such party, and the number of nonpartisan 
ballots to be furnished to any precinct shall be computed from the number 
of voters registered in such precinct without statement of intention to 
affiliate with any of the parties participating in the primary election. In 
the case of primary elections for the nomination of candidates for city 
offices it shall be the duty of the city clerk, secretary of the legislative 
body of such city or municipality, or such other officer charged by law 
with the duty of preparing and distributing the official ballots used at 
elections in such city or municipality, to prei)are and mail the sample 
ballot and to prepare and distribute the official primary election ballots, 
and so far as api)licable and not otherwise provided herein the provisions 
of this act shall apply to the nomination of all candidates for city offices. 


Opening and closing of polls. 

Sec. 14. The polls must be open at six o'clock of the morning of the 
day of primary election and must be kept open until seven o’clock in the 
afternoon of the same day, when the polls shall be closed; provided, how¬ 
ever, that if at the hour of closing there are any voters in the polling 
place, or in line at the door, who are qualified to vote and have not been 
able to do so since appearing, the polls shall be kept open a sufficient time 
to enable them to vote. But no one who shall arrive at the polling place 


DIRECT PRIMARY LAW. 


27 


after seven o’clock in the afternoon shall be entitled to vote, although the 
polls may be open when he arrives. No adjournment or intermission 
shall be taken except as provided in the case of general elections. 

Election officers. 

Skc. L). The officers for primary elections shall be the same, and 
shall be appointed in the same manner, as provided by law for general 
elections, and such officers shall receive the same compensation for their 
services at primary elections as provided by law for general elections. 

It shall be the duty of the proper officers to furnish the original 
affidavits of registration and indexes for use at primary elections, which 
shall show the names of all voters entitled to vote at such primary elec¬ 
tion, and shall be numbered, for purposes of the primary election, in like 
manner as provided in section one thousand one hundred thirteen of the 
Political Code. And all the provisions of section one thousand ninety-six 
of the Political Code, so far as they are consistent with the provisions 
of this act, are hereby made applicable to primary elections within the 
meaning of this act. 

Challenge of voter. 

Sec. 16. Any elector offering to vote at a primary election may be 
challenged by any elector of the city, city and county or county, upon 
either or all of the grounds specified in section one thousand two hundred 
thirty of the Political Code, but his right to vote the primary election 
ticket of the political party designated in his affidavit of registration, as 
provided in section one thousand ninety-six of the Political Code, or his 
right to vote the nonpartisan primary ticket providing no such party is 
so designated, shall not be challenged on any ground or subjected to any 
tests other than those provided by the constitution and section one 
thousand two hundred thirty of the Political Code of this state. 

Who may vote. 

Sec. J7. Any elector qualified to take part in any primary election, 
Avho has, at least thirty days before the day of such primary election, 
qualified by registration, as provided by section one thousand ninety-six 
of the Political Code, shall be entitled to vote at such primary election, 
such right to vote being sul)ject to challenge only as hereinbefore provided; 
and shall, on writing his name or having it written for him on the roster, 
as provided by law for general elections in this state, receive the official 
primary election ballot of the political party designated in his affidavit of 
registration; (or the nonpartisan ballot, providing no such party was so 
designated), and no other; provided, however, that no one shall be entitled 
to vote at aii}^ ])rimaiy election who has not been a resident of the state 
one .vear, and of the county ninety days, preceding the day upon which 
such primary election is held. He shall be instructed by a member of the 
board as to the proper method of marking and folding his ballot, and he 
shall then retire to an unoccupied booth and without undue delay stamp 
the same with the rubber stamp there found. If he shall spoil or deface 
the ballot he shall at once return the same to the ballot clerk and receive 
another. 

Ballots, how marked. 

Sec. is. The voter shall designate his choice on the ballot by stamping 
a cross (X) in the small square opposite the name of each candidate for 
whom he wishes to vote. If he shall stamp more names than there are 
candidates to be nominated for any office, or if for any reason it be 


Conipensatioii 
and duty. 


Grounds of 
challenj'e. 


WIio entitled 
to vote. 


Manner of 
voting. 


Stamping 
of ballot. 


28 


DIRECT PRIMARY LAW. 


Depositing 
of vote. 


Only one 
absentee 
permitted, 


Counting 
of votes. 


Election 
returns—• 
wiien and 
iiow can¬ 
vassed. 


impossible to determine his choice for any office, his ballot shall not be 
counted for such office, but the rest of his ballot, if properly stamped, shall 
be counted. No ballot shall be rejected for any technical error which does 
not render it impossible to determine the voter’s choice, nor even though 
such ballot be somewhat soiled or defaced. 

Ballots, how folded. 

Sec. 19. When a voter has stamped his ballot he shall fold it so that 
its face shall be concealed and only the printed designation on the back 
thereof shall be visible, and hand the same to the member of the board in 
charge of the ballot box. 

Such folded ballot shall be voted as ballots are voted at general elections, 
and the name of the voter checked upon the affidavit of registration as 
having voted as is required at such general elections. 

No intermission. 

Sec. 20. No adournmeut or intermission whatever shall take place 
until the polls shall be closed and until all the votes cast at such polls shall 
be counted and the result publicly announced, but this shall not be deemed 
to prevent any temporary recess while taking meals or for the purpose of 
other necessary delay; provided, that no more than one member of the 
board shall at any time be absent from the polling place. 

Canvass of votes. 

Sec. 21. As soon as the polls are finally closed the judges must imme¬ 
diately proceed to canvass the votes cast at such primary election. The 
canvass must be public, in the presence of bystanders, and must be con¬ 
tinued without adjournment until completed and the result thereof declared. 
Except as hereinafter provided, the canvass shall be conducted, completed 
and returned as provided by sections one thousand two hundred fifty-three, 
one thousand two hundred fifty-four, one thousand two hundred fifty-five, 
one thousand two hundred fifty-six, one thousand two hundred fifty-seven, 
one thousand two hundred fifty-eight, one thousand two hundred fifty-nine, 
one thousand two hundred sixty, one thousand two hundred sixty-one, one 
thousand two hundred sixty-two, one thousand two hundred sixty-three, 
one thousand two hundred sixty-four, one thousand two hundred sixty- 
four a, one thousand two hundred sixty-five, one thousand two hundred 
sixty-six, one thousand two hundred sixty-seven and one thousand two 
hundred sixty-eight of the Political Code of this state; provided, however, 
that the ballots of each party must be sealed and returned in separate 
envelopes, and the nonpartisan ballots must be sealed and returned in 
another separate envelope. The number of ballots agreeing or being made 
to agree wdth the number of names on the lists, as provided by section 
one thousand two hundred fifty-five of the Political Code, the board must 
take the ballots from the box, count those cast by each party, and string 
them separately ; count all the votes cast for each party candidate for the 
several offices and record the same on the tally lists and count all the 
votes on all the ballots, both party and nonpartisan, for the candidates 
for judicial, school, county, township, and municipal offices, and record 
the same on the tally lists. 

Canvass of returns. Statement of result. 

Sec. 22. The board of supervisors of each county, the board of election 
commissioners in any city and county, or, in the case of a city or munic¬ 
ipal primary election, the officers charged by law with the duty of canvass¬ 
ing the vote at any city or municipal election in such political subdivision, 


DIRECT PRIMARY LAW. 


29 


shall ineot at tlio usual place of such lueetius, or at any other place per¬ 
mitted by law, at one o’clock iu the afternoon of the first Thursday after 
each primary election to canvass the returns, or as soon thereafter as all 
the returns are in. When begun the canvass shall be continued until 
completed, which shall not be later than six o’clock in the afternoon of 
the sixteenth day following such primary election. The clerk of the board 
must, as soon as the result is declared, enter upon the records of such 
board a statement of such result, which statement shall contain the whole 
number of votes cast for each candidate of each political party, for each 
candidate for each judicial, school, county, township, or municipal office, 
for each candidate for delegate, if anj', to a state convention from a hold¬ 
over senatorial district, and for each candidate for membership in the 
county central committee; provided, however, that in entering the state¬ 
ment of such result, the provisions of subdivision six of section one 
thousand two hundred eighty-two of the Political Code shall apply, and a 
duplicate as to each political party shall be delivered to the county, city 
and county or city chairman of such political party, as the case may be. 
The clerk shall also make an additional duplicate statement in the same 
form, showing the votes cast for each candidate not voted for wholly 
within the limits of such county or city and county. The county clerk or 
registrar of voters in any city and county shall forthwith send to the 
secretary of state by registered mail or bj'^ express one complete copy of 
all returns as to such candidates, and as to all candidates voted for wholly 
within one county for the following offices: State assembly, state senate, 
representatives in congress, members of the state board of equalization, 
judicial officers, except justices of the peace, and delegate, if any, to a 
state convention from a hold-over senatorial district; and as to all persons 
voted for at the May presidential primary election. The secretary of 
state shall, not later than the twenty-fifth day after any primary election, 
compile the returns for all candidates voted for in more than one county, 
and for all candidates for the assembly, state senate, representatives in 
congress, member of the state board of equalization, and judicial offices 
(except justices of the peace), delegate, if any, to a state convention from 
a hold-over senatorial district, and for all persons voted for at the May 
presidential primary election, and shall make out and file in his office a 
statement thereof. He shall compile the returns for the May presidential 
primary election not later than the twenty-first day after such election, 
and shall compile said returns in such a manner as to show, for each 
candidate, both the total of the votes‘received and the votes received in 
each congressional district of the state. 


Record of 
canvass. 


Offices 
certified to 
secretary 
of state. 


Compiling 
of returns. 


Compiling 
of returns of 
presidential 
primary. 


Certificates of nomination. 

Sec. 23. Except in the case of a candidate for nomination to a judicial, 
school, county, township, or municipal office, the person receiving the of each 
highest number of votes, at a primary election as the candidate for the 
nomination of a political party for an office shall be the candidate of that 
party for such office, and his name as such candidate shall be placed on 
the official ballot voted at the ensuing election; provided, he has paid the 
filing fee as required by section seven of this act; and, provided, further. Candidate 
that no candidate for nomination for other than a judicial, school, county, his own 
township or municipal office who fails to receive the highest number of 
votes for the nomination of the political party with which he was affiliated 
thirty-five days before the date of the primary election, as ascertained by 
the secretary of state from the affidavit of registration of such candidate 
in the office of the county clerk of the county in which such candidate 
resides, shall be entitled to be the candidate of any other political party. 


30 


DIRECT PRIMARY LAW. 


Who become 
nominees for 
nonpartisan 
offices. 


Majority 
candidate— 
wlien one to 
he elected. 


Majority 
candidates— 
when more 
than one to 
1)0 elected. 


County 

central 

committee. 


Certificates 
of nomina¬ 
tion to 
candidates. 

(Form 17 ) 


When issued 
by secretary 
of state. 

(Form 19 ) 


In the case of a judicial, school, county, township, or municipal office, 
the candidates equal in number to twice the number to be elected to such 
office, or less, if the total number of candidates is less than twice the 
number of offices to be filled, who receive the highest number of the votes 
cast on all the ballots of all the voters participating in the primary 
election for nomination to such office, shall be the candidates for such 
office at the ensuing election, and their names as such candidates shall be 
placed on the official ballot voted at the ensuing election; provided, 
however, that in case there is but one person to be elected at the Novem¬ 
ber election to any judicial, school, county, or township office, an3^ candi¬ 
date who roceiv(*s at the August ])rimary election a majoritj^ of the total 
number of votes cast for all the candidates for such otlicc' shall be the 
only candidate for such office whose name shall be printed on the ballot 
at the ensuing (dection ; and provided, fitrllipr, that in case there are two 
or more i)ei'sons to be elected at the November elect ion to any judicial, 
school, county, or township oflice, and in case aiyv candidate for such 
office r('C('ive at the August i)rimary election the vot(‘S of a majority of all 
the voters ])articipating in the primary election in the state or political 
subdivision in which said office is voted upon, such candidates being herein 
designated as “majority candidates,” said ‘‘majority candidates” shall, if 
their number is not less than the number of persons to be elected to such 
office, be the only candidates for such office whose names shall be printed 
on the ballot at the ensuing November election; and if the number of 
such ‘‘majority candidates” falls short of the number of persons to be 
elected to such office, the names of said “majority candidates” shall be 
printed on the ballot at the ensuing November election, together with 
such number of additional names onlj^ of such other candidates receiving 
the next highest number of votes for nomination to such office as may 
make the number of such additional names equal to twice the difference 
between the number of such “majority candidates” and the number to be 
elected, or a .smaller number, if the list of said other candidates is 
exhausted. Of the candidates for election to membership in the countj’’ 
central committee, the candidates equal in number to the number to be 
elected receiving the highest number of votes in their supervisorial district 
or assembly district, as the case may be, in accordance with the provisions 
of subdivision four of section twenty-four of this act, shall be declared 
elected as the representatives of their district to membership in such com¬ 
mittee. It shall be the duty of the officers charged Avith the canvass of 
the returns of any ])rimary election in any county, city and count.v or 
municipality to cause to be issued official certificates of nomination to 
such party candidates (other than congressional and legislative candidates, 
candidates for the state board of equalization, and delegates to the state 
convention from a hold-over senatorial district), as have received the 
highest number of votes as the candidates for the nomination of such 
party for any offices to be voted for wholly Avithin such county, city and 
county, or municipality, and cause to be issued to each member of a 
county central committee a certificate of his election ; and to cause to be 
issued official certificates of nomination to such candidates for judicial, 
school, county, toAvnship or municipal offices Amted for Avholly within one 
county as may be entitled to nomination under the provisions of this 
section. It shall be the duty of the secretary of slate to issue official 
certificates of nomination to candidates nominated under the provisions of 
this act for representatiA^es in congress, members of the state senate and 
assembly, members of the state board of equalization, and officers voted 
for in more than one county ; and to issue a certificate of election to each 
delegate elected to the state convention from a hold-over senatorial district; 
and to issue certificates of election to all persons elected at the May presi- 


direct primary law. 


31 


flential primary election as dele,i?ates to tlieir respective national party 
conventions. 

Not less than thirty days before the November election the secretary of Nominees 

state shall certify to the countv clerks or registrars of voters of each certified 
^ . , . , . to county 

county and city and county within the state, the name of every person clerks by 

entitled to receive votes within such county or city and county at said 

November election who has received the nomination as a candidate foi 

public office under and pursuant to the provisions of this act, and whose 

nomination is evidenced by the compilation and statement required to be 

made by said secretary of state and filed in his oflice, as provided in 

section twmity-two of this act. Such certificates shall in addition to the 

names of such nominees respectively, also show separately and respectively 

for each nominee the name of the political party or organization which 

has nominated such person if any and tin; designation of the public office 

for which lie is so nominated. 


Party conventions. 

Sec. 24. I. Tarty conventions of delegates chosen as hereinafter pro¬ 
vided may be held in this state, for the purpose of promulgating platforms 
and transacting such other business of the party as is not inconsistent with 
the provisions of the act. 

2. The candidates of each political party for congressional offices and for 
state offices, if any, except judicial and school offices, and such candidates 
for senate and assembly as have been nominated by such political party at 
the primary election, and in whose behalf nomination papers have been 
filed, together with the hold-over senators affiliated with and nominated 
by such political party at the election at which said hold-over senators 
were elected and one delegate chosen by such political party from each 
senatorial district not represented by a hold-over senator affiliated with 
and nominated by such iwlitical party at the election at which the hold¬ 
over senator was elected, shall meet in a state convention at the state 
capitol at two o’clock in the afternoon of the third Tuesday in September 
after the date on which any primary election is held preliminary to the 
general November election. They shall forthwith formulate the state 
platforms of their party, which said state platform of each political party 
shall be framed at such time that it shall be made public not later than 
six o’clock in the afternoon of the following day. They shall also proceed 
to elect a state central committee to consist of at least three (3) members 
from each congressional district, who shall hold office until a new state 
central committee shall have l)een selected. In each year of the general 
November election at which electors of president and vice president of the 
United States are to be chosen, they shall also nominate as the candidates 
of their party as many electors of president and vice president of the 
United States as the state is then entitled to, and it shall be the duty of 
the secretary of state to issue certificates of nomination to the electors so 
nominated, and to cause the names of such candidates for elector to be 
placed upon the ballots at the ensuing November election. 

Membership in the state convention shall not be granted to a party 
nominee for a congressional office, state office, or office of senator or 
assemblyman who has become such by reason of his name having been 
written on a ballot, and who has not had his name printed on the primary 
ballot by having had a nomination paper filed in his behalf, as provided 
in section five of this act; nor shall membership in such convention be 
granted to the nominee of any party if such nominee has not stated his 
affiliation with such party in his affidavit of registration used at such 
primary election ; and, in every such case, a vacancy in the membership 
of such convention shall be deemed to exist; and any such vacancy thereby 


Party 

conventions. 


State con¬ 
vention—• 
how com¬ 
posed, when 
called, and 
what duties. 


Party 

platform. 


State central 
committee. 


Presidential 

electors. 

{Form 20) 


Written-in 
candidate 
not eligible 
to conven¬ 
tion. 


Candidate 
eligible only 
to conven¬ 
tion of his 
own party 


32 


DIRECT PRIMARY LAW. 


Credentials 
to conven¬ 
tion. 

(Form i8 ) 


Delegates 

from 

hold-over 

senatorial 

districts. 


Vacancies in 
convention— 
when, and 
how filled. 


Credentials of 

appointed 

delegate. 


Executive 

committee. 


County 

central 

committee. 


In city and 
county. 


exislins, or existing because no nomination for such office has been made, 
or for any otlier cause, shall be filled as hereinafter provided. Each 
candidate who has received the nomination of more than one party for a 
congressional, state, or legislative office shall procure from the county clerk 
of the county in which he resides, a certificate stating the party with 
which such candidate was affiliated thirty-five days before the date of the 
primary election, as shown by the affidavit of registration of such candidate 
in the office of such county clerk ; and this certificate shall be the creden¬ 
tials of such candidate to membership in the convention of his party. 

In any senatorial district represented by a hold-over senator there shall 
be chosen at such primary election by the electors of each political party, 
other than the party which the hold-over senator was affiliated with and 
nominated by, one delegate to th(‘ state convention, who shall have nomina¬ 
tion papers circulated in his behalf, shall have his name placed upon the 
ballot, and shall be chosen in the same manner as a state senator is 
nominated from any senatorial district; but no such delegate shall be 
disqualified by reason of holding any office, nor shall any filing fee be 
required in order to have his name placed upon the ballot. The term 
“hold-over senator” as herein used shall apply to a state senator whose 
term of office extends beyond the first Monday in January of the year next 
ensuing after the primary election, and the term “hold-over senatorial 
district” shall apply to the district represented by such hold-over senator. 

In the event that there shall not have been filed any nomination paper 
for a candidate for anj^ congressional or state office or office of senator or 
assemblyman or delegate from a hold-over senatorial district by the electors 
of any political party, or in 'the event that the nominee of any party for 
such office has not declared his affiliation with such party, as herein 
provided, or in the event of the death of the candidate prior to the conven¬ 
tion, the vacancy thus created in the state convention of such party shall 
be filled as follows: 

(«) If the vacancy occurs in a senatorial or assembly district situated 
wholly within the limits of a single county or city and county, by appoint¬ 
ment by the newly elected county central committee of such party in such 
county or city and county. 

{h) If the vacancy occurs in a senatorial or assembly district com¬ 
prising two or more counties, by appointment by the newly selected 
chairman of the several newly elected county central committees of such 
party in such counties. 

(c) If the vacancy occurs in a congressional or state office, by 
appointment by the state central committee of such party. 

Such delegate so appointed shall present to the convention credentials 
signed by the chairman and -the secretary of the appointing committee, 
or by the appointing chairman of the several committees, as the case 
may be. 

3. Each state central committee may select an executive committee, to 
which executive committee it may grant all or any portion of its powers 
and duties. It shall choose its officers by ballot and each committee and 
its officers shall have the power usually exercised by such committees and 
the officers thereof in so far as may be consistent with this act. The 
various officers and committees now in existence shall exercise the powers 
and perform the duties herein prescribed until their successors are chosen 
in accordance with the provisions of this act. 

4. At each August primary election there shall be elected in each county 
or city and county a county central committee for each political party, 
which shall have charge of the party campaign under general direction 
of the state central committee or of the executive committee selected by 
such state central committee. In any city and county containing more 
than ten assembly districts the county central committee of such party 


DIRECT PRIMARY LAW. 


33 


shall be elected by each assembly district and shall consist of five members 
from each assembly district in such city and county. In all counties In the 
containing five or more assembly districts the county central committee |.oifnties 
of such party shall be elected by assembly districts and shall consist of 
one member for each seven hundred votes or fraction thereof in each such 
assembly district cast for such party’s candidate for governor at the last 
geneial election at which a governor was elected. In all counties containing in the 
less than five assembly districts the county central committee shall be smaller 
elected by supervisor districts, and the number to be elected from any 
supei visor district shall be determined as follows; the number of votes 
cast in such supert isor district for such party’s candidate for governor 
at the last general election at which such governor was elected shall be 
divided by one-twentieth of the number of votes cast for such governor in 
such county; and the integer next larger than the quotient obtained by such 
division shall constitute the number of members of the county central com¬ 
mittee to be elected by such party in said supervisor district. The county 
clerk or registrar of voters in each county or city and county shall, between 
the first Monday and the second Monday of June next preceding the pri¬ 
mary election, compute the number of members of the county central com¬ 
mittee allotted to each assembly district or supervisor district, as the case 
may be, by the provisions of this subdivision. Each candidate for member How 
of a county central committee shall appear upon the ballot upon the filing 
of a nomination paper according to the provisions of section five of this 
act, signed in his behalf by the electors of the political subdivision in which 
he is a candidate, as above provided; and the number of candidates to 
which each party is entitled, as hereinbefore provided, in each political 
subdivision, receiving the highest number of votes shall be declared elected. 

Each county central committee shall meet in the court house at its county Date and 
seat on the second Tuesday in September following the August primary mSng 
election, and shall organize by selecting a chairman, a secretary and such 
other officers and committees as it shall deem necessary for carrying on the 
campaign of the party. 

Vacancies. 

Sec. 25. No candidate whose nomination papers have been filed for withdrawals 
any primary election can withdraw as a candidate at such primary election. 

No candidate nominated at any primary election can withdraw as a ^ 
candidate at the ensuing general election except such as are permitted to 
withdraw by this section. In case as a result of any primary election a withdrawal 
person has received a nomination to any office without first having of candi- 

nomination papers filed, and having his name printed on the primary name"^^har 
election ballot, he may at least thirty-one days before the day of election been "writ- 

t-cri ill ** 

cause his name to be withdrawn from nomination by filing in the office 
where he would have filed his nomination papers had he been a candidate 
for nomination, his request therefor in writing, signed by him and 

acknowledged before the county clerk of the county in which he resides; 
and no name so withdrawn shall be printed on the election ballot for the 
ensuing general election. The vacancy created by the withdrawal of such No vacancy 
person as aforesaid, or on account of the ineligibility of such person to excepUn^ 
qualify as a candidate because of the inhibitions of subdivision nine of case of 

section five of this act or of section twenty-three of this act, or by 

reason of the failure of a party to nominate any candidate for the office 
at the primary election, or for any other cause except the death of the 
candidate occurring after the primary election, shall not be filled. A How filled, 
vacancy by reason of the death of any candidate occurring after the 
holding of any primary election may be filled by the party committee of 


3—35«24 


84 


DIRECT PRIMARY LAW. 


In case of 

nonpartisan 

office. 


All candi¬ 
dates’ names 
to be printed 
excej)t in 
case of 
death. 


Determined 
by lot. 


Correction 
of eri'ors 
in ballot. 


the city, county, city and county, or state, as the case* may he, unless such 
vacancy occurs anions? candidates chosen at the primary election to .£?o on 
the ballot for the sncceediuf? general election for a judicial, school, county, 
township, or municipal office accordin,c,' to the provisions of section twenty- 
three of this act, in which case that candidate receivinj? at said primary 
election the highest vote among all the candidates for said office who have 
failed to receive a sufficient number of votes to get upon said ballot 
according to the provisions of said section twenty-three, shall go upon 
said ballot to fill said vacancy: provided, hotrever, that if the vacancy 
occurs in a case where, by reason of having received a majority Amte at 
the primary election, only one person is entitled to have his name printed 
iiiKin the ballot at the ensuing November election, the names of the two 
candidates receiving the next highest vote at the iirimarj' election, if there 
were such number, shall be placed uixm the ballot for the November 
election; and provided, further, that a vacancy authorized to be filled by 
the provisions of this section shall only he so filled if such lAer.son has died 
and such vacancy has been filled and certified to the officer charged with 
the dutj' of printing the ballots twenty-five days before the day of election. 

Whenever a nomination pajier containing a sufficient number of 
signatures has been filed for any person as a candidate to be voted for 
at a primary election, the name of such person must be printed upon the 
ballot or ballots of such primary election as hereinbefore provided in 
section twelve of this act, unless such person has died and such fact has 
been ascertained, by the offi(‘er charged with the duty of printing the ballot, 
at least twenty-five days before the day of election. 

Whenever a candidate has been nominated at any primary election after 
having nomination papers tiled, the name of such candidate must be printed 
upon the ballot at the ensuing general election unless such candidate has 
died and such fact has been ascertained, by the officer charged with the 
duty of printing the ballots, at least twenty-five days before the day of 
election. 

AVhenever, upon the death of any candidate, the vacancy thereby created 
is tilled by a party committee, a certificate to that effect shall be filed with 
the officer with whom a nomination paper for such office may be filed, and 
shall be accepted and acted upon by him as in the case of such nomination 
paper. 

Tie vote. 

Sec. 2(). In case of a tie vote, if for an office to be voted for wholly 
within one county or city and county, the county, city and county or city 
hoard, as the case may he, shall forthwith summon the candidates who 
have received such tie votes to api)ear before such board, and such board 
in the presence of such candidates shall determine the tie by lot. In the 
case of a tie vote for an office to he voted for in more than one county, 
such tie shall he determined by lot by the secretary of state in the presence 
of the candidates or their legally appointed representatives. Such summons 
must in every case be mailed to the address of the candidate as it appears 
upon his affidavit of registration. 

Errors and omissions. 

Sec. 27. AVhenever it shall be made to api>ear by affidavit to the 
supreme court or district courts of appeal or superior court of the proper 
county that an error or omission has occurred or it about to occur in the 
])lacing of any name on an official primary election ballot, that any error 
has been or is about to be committed in printing such ballot, or that any 
wrongful act has been or is about to be done by any judge or clerk of a 
primary eleefion, county clerk, registrar of voters in any city and county. 


DIRECT PRIMARY LAW. 


35 


caiivassins board or any nieinber thereof, or otlier person charged witli 
any duty concerning the primary election, or that any neglect of duty has 
occurred or is about to occur, such court shall order the officer or person 
charged Avith such error, wrong or neglect to forthwith correct the error, 
desist from the wrongful act or perform the duty, or forthwith show cause 
why he should not do so. Any person who shall fail to obey the order of 
such court shall he cited forthwith to show cause why he shall not he 
adjudged in contempt of court. 

Contest of nomination. 

Skc. 2S. Any candidate at a primary election, desiring to contest a 
nomination of another candidate for the same office, may, within live days 
after the completion of the official canvass, file an affidavit in the office of 
the clerk of the superior court of the county in which he desires to contest 
the vote returned from any precinct or precincts in such comity, and 
thereniion have a recount of the ballots cast in any such precinct or 
precincts, in accordance with the provisions of this section. Such affidavit 
must specify separatelj- each precinct in which a recount is demanded, 
and the nature of the mistake, error, misconduct, or other cause why it is 
claimed that the returns from such precinct do not correctly state the vote 
as cast in such precinct, for the contestant and the contestee. The contestee 
must he made a party respondent, and so named in the affidavit. Xo 
]iersonal service or other service than as herein provided need he made upon 
the contestee. Upon the tiling of such affidavit the county clerk shall 
forthwith post in a conspicuous place in his office a copy of the affidavit. 
UiKin the tiling of such affidavit and the posting of the same, the superior 
court of the county shall have jurisdiction of the subject matter and of 
the parties to such contest, and all candidates at any such primary election 
are permitted to he candidates under this act, only upon the condition that 
such jurisdiction for the purposes of the proceeding authorized by this 
section shall exist in the manner and under the conditions provided for by 
this section. The contestant on the date of filing such affidavit, must send 
by registered mail a copy thereof to the contestee in a sealed envelope, with 
postage prepaid, addressed to the contestee at the place of residence named 
in the affidavit of registration of such contestee, and shall make an affidavit 
of such mailing and file the same with the county clerk to become a part 
of the records of the contest. At any time within three days after the 
filing of the affidavit of the contestant to the effect that he has sent by 
registered mail a copy of the affidavit to the contestee, such contestee may 
file with the country clerk an affidavit in his own behalf, setting up his 
desire to have the votes counted in any precincts, designating them, in 
addition to the precincts designated in the affidavit of the contestant, and 
setting up his grounds therefor. On the trial of the contest all of the 
precincts named in the affidavits of the contestant and the contestee shall 
be considered, and a recount had with reference to all of said precincts; 
and the contestant shall have the same right to answer the affidavit of the 
contestee as is given to the contestee herein Avith reference to the affidavit 
of the contestant except that such answer must be filed not later than the 
first day of the trial of said contest. On the eighth day after the comple¬ 
tion of the official canvass the county clerk shall present the affidavits of 
the contestant and the contestee and proof of posting, as aforesaid, to the 
judge of the superior court of the county, or any judge acting in his place, 
or the presiding judge of the sui>erior court of a county or city and county, 
or any one acting in his stead, Avhich judge shall, upon such presentation, 
fortliAvith designate the time and place Avhere such contest shall proceed, 
and in counties or cities and counties Avhere there are more than one 
superior judge, assign all the cases to one department by the order of such 


Method of 
contesting 
primary 
election. 


.Jurisdiction 
of superior 
court in 
contest. 


Affidavit of 
contestee. 


Precincts to 
be con¬ 
sidered in 
recount. 


36 


DIRECT PRIMARY LAW. 


Duty of 
contestee. 


Additioiial 
judges to 
determine 
contest. 


Division 
of contest 
proceedings 
among 
judges. 


Judgment 
of court 
on contest 
to be final. 


court. Such order must so assign such case or cases, and fix such time and 
place for hearing, which time must not be less than one nor more than three 
days from the presentation of the matter to the court by the county clerk 
as herein provided. It shall be the duty of the contestee to appear either 
in person or by attorney, at the time and place so fixed, and to take notice 
of the order fixing such time and place from the records of the court, 
without service. No special appearance of the contestee for any purpose 
except as herein provided shall be permitted, and any appearance whatever 
of the contestee or any request of the court by the contestee or his attorney, 
shall be entered as a general appearance in the contest. No demurrer 
or objection can be taken by the parties in any other manner than by 
answer, and all the objections must be contained in the answer. The court 
if the contestee shall appear, must require the answer to be made within 
three days from the time and place as above provided, and if the contestee 
shall not api)ear shall note his default, and shall proceed to hear and deter¬ 
mine the contest with all convenient speed. If the number of votes which 
are sought to be recounted, or the number of contests are such that the 
judge shall be of opinion that it will require additional judges to enable 
the contest or contests to be determined in time to print the ballots for the 
election, if there be only one judge for such county, he may obtain the 
service of any other superior judge, and the proceedings shall be the same 
as herein provided in counties where there is more than one superior court 
judge. If the proceeding is in a county or city and county where there 
is more than one superior court judge, the judge to whom the case or cases 
shall be assigned, shall notify the presiding judge forthwith, of the number 
of judges which he deems nece.'-sary to participate, in order to finish the 
contest or contests in time to print the ballots for the final election, and 
the said presiding judge sluill forthwith dasiguate as many judges as are 
necessary to such completion of such contest, by order in writing, and 
thereupon all of the judges so designated shall participate in the recount 
of such ballots and the giving of judgment in such contest or contests in 
the manner herein specified. The said judges so designated by said last 
mentioned order, including the judge to whom said contests were originally 
assigned, shall convene upon notice from the judge to whom such contest 
or contests were originally assigned, and agree upon the precincts which 
each one of such judges will recount, sitting separately, and thereupon such 
recount shall proceed before each such judge sitting separately, as to the 
precincts so arranged, in such manner that the recount shall be made in 
such precincts before each such judge as to all the contests pending, so 
that the ballots opened before one judge need not be opened before another 
judge or department, and the proceedings before such judge in making such 
recount as to the appointment of the clerk and persons necessary to be 
assistants of the court in making the same, shall be the same as in contested 
elections, and the judge shall fix the pay or compensation for such persons, 
and require the payment each day in advance of the amount thereof, by 
the person who is proceeding with and requiring the recount of the precinct 
being recounted. When the recount shall have been completed in the 
manner herein required, if more than one judge has taken part therein, all 
the judges who took part shall assemble and make the decision of court, 
and if there be any differences of opinion, a majority of such judges shall 
finally determine all such questions, and give the decision or judgment of 
the court in such contest or contests, separately. Such decision or judg¬ 
ment of the court shall be final in every respect, and no api>eal can be had 
therefrom. The judgment shall be served upon the county clerk or registrar 
of voters by delivery of a certified copy thereof, and may be enforced 
summarily in the manner provided in section twenty-seven of this act, and 
if the contest proceeds in more than one county, and the nominee is to be 
certified by the secretary of state from the compilation of election returns 


DIRECT PRIMARY LAW. 


37 


in Ins office, then the judgment in each countj^ in which a contest may be 
had shall show what, if any changes in the returns in the office of the 
secretary of state relating to such county or city and county, ought to be 
made, and all such judgments shall be served upon the secretary of state, 
by the delivery of a certified copy, and he shall make such changes in the 
record in his office as such judgment or judgments require, and conform his 
compilation and his certificate of nomination in accordance therewith. If 
the office contested is one to be voted upon in more than one county, the 
time within which such contest may be brought in any county involved 
shall begin to run at the time of the declaration of the official canvass by 
board of supervisors of the county last making such declaration. 

Campaign expenses. 

Sec. 29. No candidate for nomination to any elective office, including 
that of United States senator in congress, shall directly or indirectly pay, 
expend or contribute any money or other valuable thing, or promise so to 
do, except for lawful expenses. Lawful expenses as used in this section 
are limited to expenses for the following purposes only: 

1. For the candidate’s official filing fee. 

2. For the preparing, printing, circulating, and verifying of nomination 
papers. 

3. For the candidate’s personal traveling expenses. 

4. For rent and necessary furnishing of halls or rooms, during such 
candidacy, for public meetings or for committee headquarters. 

5. For payment of speakers and musicians at public meetings and 
their necessary traveling expenses. 

(>. For printing and distribution of pamphlets, circulars, newspapers, 
cards, handbills, posters and announcements relative to candidates or 
political issues or principles. 

7. For his share of the reasonable compensation of challengers at the 
polls. 

8. For making canvasses of voters. 

9. For clerk hire. 

10. For conveying infirm or disabled voters to and from the polls. 

11. For po.stage, expressage, telegraphing, and telephoning, relative to 
candidacy. 

Statement of expenses. 

Sec. 30. Every person who shall be a candidate for nomination to 
any elective office shall make in duplicate, within fifteen days after the 
primary election, a verified statement, setting forth each and every sum 
of money contributed, disbursed, expended or promised by him, and, to the 
best of his knowledge and belief, by any and every other person or asso¬ 
ciation of persons in his behalf wholly or partly in endeavoring to secure 
his nomination. This statement must show in detail all moneys paid, 
loaned, contributed, or otherwise furnished to him directly or indirectly in 
aid of his nomination, together with the name of the person or persons 
from whom such moneys were received; and must also show in detail, 
under each of the subdivisions of section twenty-nine of this act, all moneys 
contributed, loaned, or expended by him directly or indirectly by himself 
or through any other person, in aid of his nomination, together with the 
name of the person or persons to whom such moneys were paid, or 
disbursed. Such statement must set forth that the affiant has used all 
reasonable diligence in its preparation, and that the same is true and is 
as full and explicit as he is able to make it. Within the time aforesaid 
the candidate shall file one copy of said statement with the officer with 


When con¬ 
test is in 
more than 
one county. 


List of 
lawful 
expenses 
for candi¬ 
date. 


Verified 
statement of 
candidate’s 
expenditures. 

(Form 22) 


38 


DIRECT PRIMARY LAW. 


Pi‘iialty 
for illegal 
election ex¬ 
penditures. 


Penalty for 
suppressing 
nomination 
papers. 


T*reparation 
of forms. 


whoui his noiniiiation i>ai>ers were filed, and the other with the recorder 
of the county or city and county in which he resides, wdio shall record 
the same in a book to be kept for that purpose, and to be open to public 
inspection. No officer shall issue any certificate of nomination to any 
person until such statement as herein provided has been filed and no other 
statement of expen.ses shall he recpiired except that provided herein, and 
no fee or charge whatsoever shall he made or collected by an^^ officer for 
the verifying, filing, or recording of such statemf^nts or a copy thereof. 

Penalty. 

ol. Any person \ iolating an^' of the iirovisions of section twenty- 
nine or section thirty of this act shall he guilty of a misdemeanor, and 
upon trial and conviction thereof, in addition to the sentence imposed by 
the court, he shall forfeit all right to the office for which he was a candi¬ 
date at the time of violating the provisions aforesaid. 

Bribes. Failure to file nomination papers. 

Skc. 1)2. 1. Any ])erson who shall offer, or with knowledge of the same 

])ermit any pei’son to offer for his benefit, any bribe to a voter to induce 
such voter to sign any nomination paper, and any person who shall accept 
such bribe or any promise of gain of any kind in the nature of a bribe as 
consideration for signing any nomination paper, whether such bribe or 
promise of gain in the nature of a bribe be offered or accepted before or 
after signing, shall be guilty of a misdemeanor and upon trial and convic¬ 
tion thereof shall be punished by a fine of not less than twenty-five dollars 
nor more than three hundred dollars, or by imprisonment in the county 
jail for not less thin ten days nor more than one hundred and twenty 
days, or by both such fine and imprisonment. 

2. Any person who, being in possession of any nomination paper or 
papers and affidavits entitled to be filed under the provisions of this act, 
shall wrongfully either suppress, neglect or fail to cause the same to be 
filed at the proper time and in the proper place shall be guilty of a mis¬ 
demeanor. and upon trial and conviction thereof shall be punished bj^ a 
fine of not less than one hundred dollars nor more than five hundred 
dollars, or by imprisonment in the county jail for not less than thirty days 
nor more than six months, or by both such fine and imprisonment. 

R. Any act or omission declared to be an offense by the general laws of 
this state concerning primaries and elections shall also in like case be an 
offense concerning primary elections as provided for by this act, and shall 
be punished in the same manner and form as therein provided, and all the 
penalties and provisions of the law’ governing elections, except as herein 
otherw’ise provided, shall apply in ecpial force to primary elections as 
provided for by this act. 

Forms. 

Sec. 33. It shall be the duty of the secretary of state and the attorney 
general to prei)are on or before vSeptember 1. IDIT, all forms necessary 
to carry out the provisions of this act. which forms shall be substantially 
follow’ed in all primary elections held in imrsuance hereof. 

Name of act. 

)Sec. 34. This act shall be known as the direct primai-y law’. 


DIRECT PRIMARY LAW. 


39 


Validity of act. 

Sf:c. 35. If any section, subdivision, sentence, clause, or phrase of this 
act is for any reason held to be nncoustitutioiial, such decision shall not 
alTect the validity of the remaining portions of this act. The legislature 
hereby declares that it would have passed this act, and each section, sub¬ 
division, sentence, clause, and phrase thereof, irrespective of the fact that 
any one or more other sections, subdivisions, sentences, clauses, or phrases 
be declared unconstitutional. 

Conflicting acts repealed. 

Slip. 3(>. ''J'he act approved April 7, 1D11, known as the direct i)riinary 
law, and also the act approved December 24, 11)11, amending sections one, 
three, five, seven, ten, twelve, thirteen, twenty-two, twenty-three, and 
tweuty-fonr of the said direct primary law, are hereby repealed ; and all 
other acts or parts of act, inconsistent with or in conflict with the pro¬ 
visions of this act, are also hereby repealed. 


Uepeal of 
former acts. 


40 


DIRECT PRIMARY LAW. 


FORMS PROVIDED FOR BY THE DIRECT 

PRIMARY LAW. 


The following forms have been prepared by Frank C. Jordan, Secretary of State, 
and U. S. Webb, Attorney General, pursuant to section 33 of the Direct Primary 
Law, which provides that the forms so prepared shall be substantially followed in all 
primary elections held in pursuance of that law. 

Whenever the powers conferred and the duties imposed by the Direct Primary 
Law upon a County Clerk are required by law to be exercised and performed by the 
Registrar of Voters in any county or city and county, the title “Registrar of Voters 
should be inserted in these forms in place of the title “County Clerk.” 

FRANK C. JORDAN, 

Secretary of State. 

U. S. WEBB, 
Attorney General 


FORM 1. 

Prepared by the Secretary of State and the Attorney General. 

STATEMENT OF REGISTRATION. 

(Section 4, subdivision 1, Direct Primary Law.) 

To the Secretary of State, 

Sacramento, California. 

I,_, County Clerk of the County 

of_, do hereby certify that up to and includ¬ 
ing Saturday, the (*)_day of-, 191—, there 

was registered in said county since the first day of January of this year, 
under the political affiliations hereinafter stated, the number of electors 
respectively set opposite thereto: 

(Name) (Number) 


That the number of electors registered in said 
county during said time who declined or failed to 

declare such affiliation was_ _ 

That the total number of electors registered in 

said county during said time was_ _ 

Dated this_day of_, 191__. 

-, County Clerk. 

(seal) By-, Deputy. 

Note.— (*) Insert the appropriate date as required by subdivision 1 of section 4 
of the Direct Primary Law, 

County Clerks shall insert names of political parties in alphabetical order. 

































DIRECT PRIMARY LAW FORMS. 


41 


FORM 2. 

Prepared by the Secretary of State and the Attorney General. 

NOTICE BY SECRETARY OF STATE OF OFFICES FOR WHICH 
CANDIDATES ARE TO BE NOMINATED AT PRIMARY ELEC¬ 
TION AND NAMES OF POLITICAL PARTIES QUALIFIED TO 
PARTICIPATE THEREIN. 

(Section 4, subdivision 1, Direct Primary Law.) 

Department op State, 
Sacramento, June_, 

To the County Clerk of the County of _ 

Pusuant to section 4, subdivision 1 of the direct primary law, notice 
is hereby given that the offices for which candidates are to be nominated 

at the primary election to be held on Tuesday, the_day of 

August, 191—, together with the names of the political parties qualified 
to participate in such election, are as follows: 

STATE (and district) OFFICES. 


(Designate all state offices, if any, and Member of State Board of 
Equalization for that district which includes the county to which the 
notice is sent, and omitting judicial and school offices.) 

CONGRESSIONAL OFFICES. 


(Designate United States Senator, if any, and Kepresentative in Con¬ 
gress for that district which includes or lies within the county to which 
the notice is sent.) 


LEGISLATIVE OFFICES. 


(Designate State Senator, if any, and Members of Assembly for those 
districts which include or lie within the county to which the notice is 
sent.) 

That the names of the political parties qualified to participate in such 
election for nomination of candidates for each of the above mentioned 
offices are as follows: 


(Designate names of political parties in alphabetical order.) 



















42 


DIRECT PRIMARY LAW. 


Notice is also hereby given that at said primary election candidates 
are to be nominated for the following offices: 

JUDICIAL OFFICES. 


(Designate all judicial offices for which nominations are to be made 
throughout the state or in any district that includes the county to 
which the notice is sent (stating the particular appellate district), or 
throughout that county.) 


SCHOOL OFFICES. 


(Designate all school offices for which nominations are to be made 
throughout the state or throughout that county to which notice is sent.) 

COUNTY OFFICES. 


(Designate all eounty offices (except judicial and school offices) for 
which nominations are to be made in the county to which notice is sent, 
stating the particular district, if any, for which such nominations are 
to be made.) 

Notice is also hereby given that at said primary election, in the county 
first above mentioned, candidates are to be nominated for any township 
office to which candidates are to be elected at the ensuing general 
election; 

And notice is also hereby given that at said primary election, in each 
senatorial distriet represented by a State Senator whose term of office 
extends beyond the first Monday in January next sueceeding said elec¬ 
tion, there shall be chosen by the electors of each political party above 
named, other than that party with which said Senator was affiliated 
and by which he was also nominated, one delegate to the State Conven¬ 
tion of such party; and that at said primary election there shall be 
elected in eaeh county and city and county a county central committee 
for each political party above named as provided in subdivision 4 of 
section 24 of the direct primary law. 

(seal) _^ _ 

Secretary of State. 

Note. —Whenever an office is one voted for only in a district the number and name 
of such district shall be stated with the title of the office. 

Within ten days after receipt of this notice each county clerk or registrar of 
voters shall publish so much thereof as may be applicable to his county and as pre¬ 
scribed in subdivision 2 of section 4 and in section 11 of the Direct Primary Law. 

















DIRECT PRIMARY LAW FORMS. 


43 


FORM 3. 

Prepared by the Secretary of State and the Attorney General. 

NOTICE BY COUNTY CLERK OF OFFICES FOR WHICH CANDI¬ 
DATES ARE TO BE NOMINATED OR ELECTED AT PRIMARY 
ELECTION AND NAMES OF POLITICAL PARTIES QUALIFIED 
TO PARTICIPATE THEREIN. 

(Section 4, subdivision 2, Direct Primary Law.) 

Pursuant to section 4, subdivision 2 of the direct primary law, notice 
is hereby given that the offices for which candidates are to be nominated 

at the primary election to be held on Tuesday, the_day 

of August, 191—, together with the names of the political parties 
qualified to participate in such election are as follows: 

STATE (and district) OFFICES. 


(Designate such state offices, and Member of State Board of Equaliza¬ 
tion, if any, as are stated in notice received from Secretary of State, 
omitting school and judicial offices.) 

CONGRESSIONAL OFFICES. 


(Designate such congressional offices as are stated in notice received 
from Secretary of State.) 


LEGISLATIVE OFFICES. 


(Designate such legislative offices as are stated in notice received from 
Secretary of State.) 

That the names of the political parties qualified to participate in such 
election for nomination of candidates for each of the above mentioned 
offices are as follows: 


(Designate such political parties as are stated in notice received from 
Secretary of State and in order therein stated.) 


















44 


DIRECT PRIMARY LAW. 


Notice is also hereby given that at said primary election candidates 
are to be nominated for the following non-partisan offices: 

JUDICIAL OFFICES. 


(Designate such judicial offices as are stated in the notice received 
from Secretary of State, and in addition thereto those offices of Justice 
of the Peace (stating the particular township) for which nominations 
are to be made.) 

SCHOOL OFFICES. 


(Designate such school offices as are stated in the notice received from 
Secretary of State.) 


COUNTY OFFICES. 


(Designate such county offices as are stated in the notice received 
from Secretary of State, omitting school and judicial offices.) 

TOWNSHIP OFFICES. 


(Designate all township offices in the county (except Justice of the 
Peace), together with the particular township, for which nominations 
are to be made.) 


Notice is also hereby given that at said primary election there is to 
be chosen, in each of the senatorial districts hereinafter stated, by each 
of the political parties stated opposite such district a delegate to the 
State Convention of such party. 

DELEGATES TO STATE CONVENTION. 

Senatorial District. Party. Party. Party. Party. Party. 


(Designate each senatorial district represented by a hold-over sen¬ 
ator and opposite thereto in alphabetical order laterally, each political 
party above named other than that party with which said hold-over 
senator was affiliated and by which he was also nominated.) 





















DIRECT PRIMARY LAW FORMS. 


45 


Notice is also hereby given that at said primary election there are 
to be elected by each of the parties hereinafter named in each of the 
districts hereinafted stated as many members of the county central 
committee of that party as is stated under the name of that party 
opposite the number of such district. 

MEMBERS OP COUNTY CENTRAL COMMITTEE. 

The number of each district and the number of members to be elected 
by each party from such district being as hereinafter set forth: 



--Party 


--Party 


-District 

_Members 

Members 

Members 

Members 

_District 

_Members 

Members 

Members 

Members 

_District 

Members 

Members 

Members 

Members 


Members 

_ _Members 

Members 

Members 


Members 

Members 

Members 

Members 







(Designate in the first column of the form above the number and 
name of each district for which members are to be elected, by super¬ 
visorial or assembly district, as the case may be, and head each of the 
following columns with the name of the party and in the lines below and 
opposite each district the number of members such party is entitled to 
elect in that district, such number to be computed as provided by sub¬ 
division 4 of section 24 of the direct primary law.) 

Dated this_day of June, 191-_. 


(seal) 


County Clerk. 


By 


Deputy. 


Note. —This notice shall be published by the County Clerk as required by sub¬ 
division 2 of section 4 and by section 11 of the direct primary law. 

In the case of primary elections other than the August primary elections, the city 
clerk or secretary of the legislative body of the political subdivision for which such 
elections shall be held shall make out a complete statement in the form above, so 
far as applicable, of the offices for which candidates are to be nominated, together 
with a notice of such primary election, and cause the same to be published as 
required by subdivision 3 of section 4 and by section 11 of the direct primary law. 

The parenthetical notes interspersed in this form are for the guidance of the county 
clerks and are not to appear in the published notice. 














































46 


DIRECT PRIMARY LAW. 


FORM 4. 

Prepared by the Secretary of State and the Attorney General. 

APPOINTMENT OF VERIFICATION DEPUTIES BY CANDIDATE. 

(Section 5, subdivision 2a, Direct Primary Law.) 


T, the undersigned, a candidate for the ('^)-party 

nomination for the office of_, which nomination is to 


lie made by direct vote at the primary election to be held on the 

_day of August, 191 do hereby appoint the following 

registered qualified electors of the county of-, 

as verification deputies to obtain signatures in said county to a nomina¬ 
tion paper placing me in nomination as a candidate (*) of said 
_party for said office of_ 

VERIFICATION DEPUTIES. 

Name. Residence. 


Etc. Etc. 

(Signature) _ 

(Residence) _ 

Piled in the office of the county clerk of_county, 

this_day of_, 191__. 

_, County Clerk. 

By-, Deputy. 

Note.— (*) In case of a candidate for a judicial, school, county, township, or 

municipal office, the words “-party,” and the words “of said-- 

party,” shall be omitted from the above form. 

This document is to be filed with the county clerk of the county in which such 
verification deputies reside, at or before the time the nomination paper of the candi¬ 
date is left with the county clerk for filing or for examination. 

The .verification of signatures to a nomination paper shall not be made by the 
candidate, nor by any county clerk or registrar of voters, nor by any of the deputies 
in the office of such county clerk or registrar of voters, nor within one hundred feet 
of any election booth, polling place, or any place where registration of electors is 
being conducted. 

This form shall not he nsed for delegates to State Convention nor for members of 
County Central Committee. 























DIRECT PRIMARY LAW FORMS. 


47 


FORM 5. 

Prepared by the Secretary of State and the Attorney General. 

APPOINTMENT OF VERIFICATION DEPUTIES BY CANDIDATE. 

This form shall be used only for Delegates to State Convention and for 
Members of County Central Committee. 

(Section 5, subdivision 2o, and section 24, subdivision 4, Direct Primary Law.) 

I, the undersigned, a candidate for election by the_ 


party to the office of_at the primary election to be 

held on the_day of Angnst, 191__, do hereby appoint the 


following registered qualified electors of the county of_, 

as verification deputies to obtain signatures in said county to a nomina¬ 
tion paper placing me in nomination for election by said party to said 
office. 

VERIFICATION DEPUTIES. 

Name. , Residence. 


Etc. 


Etc. 


(Signature)_ 

(Residence)_ 

Filed in the office of the county clerk of_county, 

this_day of_, ]91__. 

_, County Clerk. 

By_, Deputy. 

Note.—T his document is to be filed with the county clerk of the county in which 
such verification deputies reside, at or before the time the nomination paper of the 
candidate is left with the county clerk for filing or for examination. 

The verification of signatures to a nomination paper shall not be made by the 
candidate, nor by any county clerk or registrar of voters, nor by any of the deputies 
in the office of such county clerk or registrar of voters, nor within one hundred feet 
of any election booth, polling place, or any place where registration of electors is 
being conducted. 



















48 


DIRECT PRIMARY LAW. 


FORM 6. 

Prepared by the Secretary of State and the Attorney General. 

APPOINTMENT OF VERIFICATION DEPUTIES BY COMMITTEE. 

(Section 5, subdivision 2h, Direct Primary Daw.) 

State of California, } 

County of_j 

We, the undersigned, do solemnly swear (or affirm) that we are each 

qualified electors of the county of_, State 

of California, and that we are each registered (*) as intending to affiliate 
with the_party; and we do hereby pro¬ 
pose _, who resides (at No.- 

_street in the city of) (or, in the town of) 

_, county of - , 

as a candidate for the nomination(*) of such party for the office of 

_, to be voted for at the primary election to be 

held on the_day of August, 191_; and we do solemnly 

swear (or affirm) that said_has 

consented to this proposal of his name as candidate for the nomination 
for said office. We hereby appoint the following registered qualified 
electors of this county as verification deputies to obtain signatures in 

this county to the nomination paper of said_ 

to said office of_ 


Name. 


VERIFICATION DEPUTIES. 

Residence. 


Etc. Etc. 

(Signed) 

Name. Residence. 


Subscribed and sworn to before me this_day of_, 191__. 

(seal) _ 

Notary Public (or other official). 

Filed in the office of the county clerk of_county, 

this_day of-, 191__. 

-, County Clerk. 

By-, Deputy. 

Note.— (*) In case of a candidate for a judicial, school, county, township, or 

municipal office the words “as intending to affiliate with the - party,” and 

the words “of such party” shall be omitted from the above form. 

This document is to be filed with the county clerk of the county in which said five 
electors reside, at or before the time the nomination paper of the candidate is left 
with the county clerk for filing or for examination. 

The verification of signatures to a nomination paper shall not be made by the 
candidate, nor by any county clerk or registrar of voters, nor by any of the deputies 
in the office of such county clerk or registrar of voters, nor within one hundred feet 
of any election booth, polling place, or any place where registration of electors is 
being conducted. 

This form shall not be used for delegates to State Convention nor for members of 
County Central Committee. 










































DIRECT PRIMARY LAW FORMS. 


49 


FORM 7. 

Prepared by the Secretary of State and the Attorney General. 

APPOINTMENT OF VERIFICATION DEPUTIES BY COMMITTEE. 

This form shall be used only for Delegates to State Convention and for 
Members of County Central Committee. 

(Section 5, subdivision 2l>, and section 24, subdivision 4, Direct Primary Law.) 

State of California, ) 

County of_( 

We, the undersigned, swear (or affirm) that we are each qualified 
electors of the county of_, State of Cali¬ 

fornia, and that we are each registered as intending to affiliate with the 

-party; and we do hereby propose__ 

who resides (at No_street in the city of) (or, 

in the town of) _, county of_, 

as a candidate for election by such party to the office of_ 

to be voted for at the primary election to be held on the_day 

of August, 191_; and we swear (or affirm) that said_ 

has consented to this proposal of his name as a candidate for election to 
said office. We hereby appoint the following registered qualified elec¬ 
tors of this county as verification deputies to obtain signatures in this 
county to the nomination paper of said candidate. 

VERIFICATION DEPUTIES. 

Name. Residence. 


Etc. Etc. 

(Signed) 

Name. Residence. 


Subscribed and sworn to before me this-day of-, 191__. 

(seal) --- 

Notary Public (or other official). 

Filed in the office of the county clerk of-county, 

this_day of-, 191—. 

_, County Clerk. 

By-, Deputy. 


Note.— This document is to be filed with the county clerk of the county in which 
said five electors reside, at or before the time the nomination paper of the candidate 
is left with the county clerk for filing or for examination. 

The verification of signatures to a nomination paper shall not be made by the 
candidate, nor by any county clerk or registrar of voters, nor by any of the deputies 
in the office of such county clerk or registrar of voters, nor within one hundred feet 
of any election booth, polling place, or any place where registration of electors is 
being conducted. 

4—35624 






































50 


DIRECT PRIMARY LAW. 


INSTRUCTIONS TO CANDIDATES AND COMMITTEES IN 
PREPARING NOMINATION PAPERS. 

To effect uniformity in size, and for convenience in handling and 
filing nomination papers, candidates and committees should comply 
with the instructions herein given relating to Forms 8 and 9 (Sections 
of Nomination Papers Signed by Electors) ; and, if an index is filed, to 
Form 10 (Index to Nomination Papers). 

The matter contained in each of said forms should be written or 
printed upon paper 11 inches long hy 8 1/2 inches wide. 

Where the matter prescribed for a section of a nomination paper, as 
well as all the signatures to be signed thereto, can not be contained 
wholly on one page, each section of a nomination paper should consist 
of a single sheet so folded as to contain four pages only, each page being 
of the above designated size; the first three pages should be numbered 
1, 2 and 3, respectively; the signers’ statement should be upon the first 
page, followed on that page and on the second and third pages by lines 
for signatures and other matter required, each line being numbered, said 
numbers running consecutively from 1 on the first page to 50 on the 
third page, with the verification deputy’s affidavit on the third page, 
leaving the fourth page entirely blank. As many of such sections may 
be used as is necessary to obtain the required number of signatures. 

Where the matter prescribed for the Index to the Nomination Paper 
can not be embodied wholly on one page the second or reverse page and 
both sides of any subsequent sheets of the Index may be used on which 
to continue such Index, all pages being of the above designated size. 

All Sections of the Nomination Paper (together with and preceded 
by the Index sheet or sheets, if an Index is filed) shall be firmly bound 
together at the left-hand edge before filing. 


DIRECT PRIMARY LAW FORMS. 


51 

FORM 8. 

Prepared by the Secretary of State and the Attorney General. 

SECTION OF NOMINATION PAPER SIGNED BY ELECTORS ON 
BEHALF OF PARTY CANDIDATE. 

(*0 Section - 

Page 1. 

(Section 5, subdivision 3, Direct Primary Law.) 

COUNTY OF_, CITY (OR TOWN) OP_(IF 

ANY). NOMINATION PAPER OF_, CANDI¬ 
DATE FOR_PARTY NOMINATION FOR THE 

OFFICE OP_ 

State op California, ) 

Comity of _ \ 

SIGNER STATEMENT. 

I, the undersigned, am a qualified elector of the city (or town) 
of-, county of-, State of Cali¬ 
fornia ; and am registered as intending to affiliate with the_ 

party; and I hereby nominate-, who resides at 

No._street, city of_, county 

of_, State of California, as a candidate for (*^) the 

nomination of the_party for the office of_ 

to be voted for at the primary election to be held on the_ 

day of August, 191_ I have not signed the nomination paper of any 

other candidate for the same office, and I further declare that I intend 
to support for .such nomination the candidate named herein (*^). 

I furthermore declare that I have not signed the nomination paper 
of this candidate, or any other candidate for office, as candidate of any 
other party at such primary election. 


No. 

Precinct 

Signature 

Residence 

Date 

1 





2 





3 





4 





5 





Etc. 











VERIFICATION DEPUTY ^S AFFIDIVIT. 

__ solemnly swear (or affirm) that I have 

been appointed according to the provisions of subdivision 2, section 5 of 
the direct primary law, as a verification deputy to secure signatures in 


































52 


DIRECT PRIMARY LAW. 


the county of_to the nomination paper 

of_as candidate for the nomination of 

the_party for the office of-; 

that all the signatures on this section of said nomination paper num¬ 
bered from 1 to_, inclusive, were made in my presence, and that to 

the best of my knowledge and belief, each of said signatures is the 
genuine signature of the person whose name it purports to be. 


(Signed) - 

Subscribed and sworn to before me this 

(seal) _ 


Verification Deputy, 
day of_, 191--. 


Notary Public (or other official). 


Note.— (*i) This blank shall be filled with the number of the section by the person 
who arranges the completed nomination paper for filing and not by the verification 
deputy. 

(**) In the case of a Delegate to the State Convention, or of a member of the 
County Central Committee, insert in place of the words “the nomination of” the words 
“election by.” 

(*®) In case two or more persons are to be elected to the same office, electors 
can, either at the primary or at the general election, sign nomination papers on 
behalf of as many candidates only as there are persons to be so elected. 

Any section of a nomination paper circulated within any incorporated city or 
town shall be signed only by registered qualified electors of such city or town and 
any section circulated in a territory outside of such city or town shall be signed only 
by registered qualified electors of such territory. Only qualified electors registered 
as intending to aflfiliate with the political party by which the nomination is to be 
made are competent to sign nomination papers for such party nomnation. 

Each signer of this nomination paper must write, in the presence of the verifica¬ 
tion deputy, his signature and residence (street and number) and the date of his 
signature. His election precinct shall be inserted by the signer or subsequently by 
the verification deputy or by that person who arranges the nomination papers for 
filing. 

The verification of signatures to a nomination paper shall not be made by the 
candidate, nor by any county clerk or registrar of voters, nor by any of the deputies 
of such clerk or registrar, nor within one hundred feet of any election booth, polling 
place, or any place where registration of electors is being conducted. 

All sections of the nomination paper shall be arranged by cities, towns and outside 
territory (i. e._, all of the county outside of any incorporated city or town), by the 
candidate, or on his behalf, if he has appointed his verification deputies, or by the 
five electors by whom the verification deputies were appointed (Subd. 3, Sec. 5). 
The sections shall then be consecutively numbered from one up. The sections shall 
be kept in this consecutive numerical order, sections 1, 2 and 3, for example, refer¬ 
ring to the first city or town, and sections 4, 5, 6 and 7 referring to the next city 
or town, etc. Finally, all the sections in numerical order (preceded by an index if 
one is to be filed) shall be bound together by fastening the left-hand edges with a 
staple, wire, thread or other suitable material. 

This form shall not be used in the case of a candidate for a judicial, school, 
county, township, or municipal office. 










DIRECT PRIMARY LAW FORMS. 


53 


FORM 9. 

Prepared by the Secretary of State and the Attorney General. 

SECTION OF NOMINATION PAPER SIGNED BY ELECTORS ON 
BEHALF OF CANDIDATE FOR JUDICIAL, SCHOOL, COUNTY, 
TOWNSHIP, OR MUNICIPAL OFFICE. 

(*') Section - 

Page 1. 

(Section 5, subdivision 3, Direct Primary Law.) 

COUNTY OF-, CITY (OR TOWN) OF_(IF 

ANY), NOMINATION PAPER OP_, CANDI¬ 
DATE FOR NOMINATION FOR THE OFFICE OP_ 

State op California, ; 

County of_i 


SIGNER ^S STATEMENT. 

I, the undersigned, am a registered, qualified elector of the city (or 

town) of-, county of-, State of 

California; and I hereby nominate_, who resides 

at No.-street, city of_, county 

of-, State of California, as a candidate for the 

nomination for the office of_to be voted for at 

the primary election to be held on the_day of August, 191__. 

I have not signed any other nomination paper of this or of any other 
candidate for the same office (* 2 ), and I further declare that I intend to 
support for such nomination the candidate named herein. 


No. 

Precinct 

Signature 

Residence 

Date 

1 





2 





3 





4 





5 





Etc. 











VERIFICATION DEPUTY ^S AFFIDAVIT. 

I,_, solemnly swear (or affirm) that I have 

been appointed according to the provisions of subdivision 2, section 5, 
of the direct primary law, as a verification deputy to secure signatures 































54 


DIRECT PRIMARY LAW. 


in the county of_to the nomination paper 

of__as candidate for the nomination for the office 

of_; that all the signatures on this section of said 


nomination paper, numbered from 1 to-, inclusive, were made in 

my presence, and that, to the best of my knowledge and belief, each of 
said signatures is the genuine signature of the person whose name it 
purports to be. 


(Signed) 


Verification Deputy. 


Subscribed and sworn to before me this 


day of_, 191--. 


(seal) 


Notary Public (or other official). 


Note. — (*i) This blank shall be filled with the number of the section by the 
person who arranges the completed nomination paper for filing and not by the 
verification deputy. 

Any section of a nomination paper circulated within any incorporated city or town 
shall be signed only by registered qualified electors of such city or town and any 
section circulated in a territory outside of such city or town shall be signed only by 
registered qualified electors of such territory; but any such qualified registered elector 
may sign the nomination papers of candidates for judicial, school, county, township, 
or municipal offices, whether such signer is registered as being affiliated with any, or 
with no, political party. 

(*^) In case two or more persons are to be elected to the same officel electors 
can, either at the primary or at the general election, sign nomination papers on 
behalf of as many candidates only as there are persons to be so elected. 

Each signer of this nomination paper must write, in the presence of the verifi¬ 
cation deputy, his signature and residence (street and number) and the date of his 
signature. His election precinct shall be inserted by the signer or subsequently by 
the verification deputy or by that person who arranges the nomination paper for 
filing. 

The verification of signatures to a nomination paper shall not be made by the 
candidate, nor by any county clerk or registrar of voters, nor by any of the deputies 
of such clerk or registrar, nor within one hundred' feet of any election booth, pollir^ 
place, or any place where registration of electors is being conducted. 

All sections of the nomination paper shall be arranged by cities, towns and outside 
territory (i e., all of the county outside of any incorporated city or town), by the 
candidate, or on his behalf, if he has appointed his verification deputies, or by the 
five electors by whom the verification deputies were appointed (Subd. 3, Sec. 5). 
The sections shall then be consecutively numbered from one up. The sections’shall 
be kept in this consecutive numerical order, sections 1, 2 and 3, for example, referring 
to the first city or town, and sections 4, 5, 6 and 7 referring to the next’city or’town, 
etc. Finally, all the sections in numerical order (preceded by an index if one is to 
be filed) shall be bound together by fastening the left-hand edges with a staplej wire, 
thread or other suitable material. 












DIRECT PRIMARY LAW FORMS. 


55 


FORM 10. 

Prepared by the Secretary of State and the Attorney General. 

INDEX TO NOMINATION PAPER. 

(Section 5, subdivision 4, Direct Primary Law.) 

Name of Candidate_ 

Office-; Party (if any)_ 

Sections 1 to-, inclusive, containing-signatures, circu¬ 

lated as follows: 

Sections 1 to_, inclusive, in_ 

(Designate city or town or outside territory.) 

Sections-to_, inclusive, in_ 

(Designate city or town or outside territory.) 

Etc. 


(Designate city or town) 


Name or number of precinct 

Numbers of sections containing voters of precincts 

1 __ 

Sec. 1 (_ timc.^); Sec. 2 ( times); Ffe. 

2 

See. 1 ( . . . tiine.s); Sec. 2 ( times); Ftc, 

Etc. _ 

Etc. Etc. Etc. 



(Designate outside territory) 

Name or number of precinct 

Numbers of sections containing voters of precincts 

1 _ _ 

Sec._(_times); Sec._(_times); Etc. 

Sec._(_times); Sec._(_times); Etc. 

Etc. Etc. Etc. 

2 _ 

. 

Etc. _ 


Note.— The filing of an index is optional. Whether or not an index is to be filed, all 
sections of the nomination paper shall be arranged by cities, towns and outside 
territory (i. e., all of the county outside of any incorporated city or town), by the 
candidate, or on his behalf, if he has appointed his verification deputies, or by the 
five electors by whom the verification deputies were appointed (Subd. 3, Sec. 5). The 
sections shall then be consecutively numbered from 1 up. The sections shall be kept 
in this consecutive numerical order, sections 1, 2 and 3, for example, referring to the 
first city or town, sections 4, 5, 6 and 7 referring to the next city or town, etc., 

and, if an index is to be filed, a record of such groupings shall be made by filling 

out the blanks in the first part of this form. 

Each city, town or outside territory shall then be tabulated separately by pre¬ 
cincts in the numerical or alphabetical order of such precincts for each such city, 
town or outside territory, and showing after the name or number of each of such 
precincts the numbers of the sections on which the names of the electors registered 
in such precinct are to be found, and after the number of each section the number 
(in parenthesis) of times such names are to be so found in such section. 

Finally, all the sections in numerical order, preceded by this index, if an index 

is to be filed, shall be bound together by fastening the left-hand edges with a staple, 
wire, thread or other suitable material. 

































56 


DIRECT PRIMARY LAW. 


FORM 11. 

Prepared by the Secretary of State and the Attorney General. 

AFFIDAVIT OF CANDIDATE. 

(Section 5, subdivision 4, and section 6, subdivision 5, Direct Primary Law.) 

State of California, 

County of_ 


I,_, depose and say: I reside at 

No.__street in the city (or town) 


of_, in the county of-, 

State of California; my post office address is_, 

county of_, California; my election precinct 

is-in said county,_ 

assembly district; I am a qualified elector in said election precinct in 

which I reside, and I am a candidate for the office of_ 

at the primary election to be held on the_day of_, 

191_; I will not before said primary election withdraw as a candidate 

for nomination, and if nominated I will accept said nomination and not 
withdraw, and I will qualify as such officer if nominated and elected. 

I further declare that I have complied with the provisions contained 
in subdivision 5 of section 6 of the direct primary law. 



Subscribed and sworn to before me this_day of_, 191__. 

(seal) _ 

Notary Public in and for the County 
of-, State of California. 

Note.— This affidavit must be filed at least thirty-five days before the primary 
election in the place where the candidate’s nomination paper is required to be filed. 


















DIRECT PRIMARY LAW FORMS. 


57 


FORM 12. 

Prepared by the Secretary of State and the Attorney General. 

COUNTY CLERK’S CERTIFICATE AS TO NUMBER OF SIGNA¬ 
TURES ON NOMINATION PAPER. 

(Section 5, subdivision 4, and section 6, subdivision 1, Direct Primary Law.) 

For all candidates whose nomination papers are filed with Secretary of State; 
except those voted for in district comprising only one county or portion thereof where 
the boundaries of such district are changed and the necessary number of signatures 
is determined by the County Clerk or Registrar under section 5, subdivision 7 of the 
Direct Primary Law. 

To the Secretary of State: 

I, County Clerk of the County of_, hereby certify 

that I have examined the nomination paper of_, 

a candidate for nomination for the office of_ 

by the-party at the primary election to be held 

on the last Tuesday in August, and that the number of names 

signed thereto which I have not marked ‘‘not sufficient” is_ 

Dated this_day of_, 191__. 


(seal) _, County Clerk. 

By-, Deputy. 


Note.— (*i) in the case of a candidate for delegate to State Convention insert in 
place of the words “nomination for” the words “election to.” 

(*2) In case of a candidate for a judicial or school office omit the words “by the 
■- party.” 

Whenever an office is one voted for only in a district the number and name of such 
district shall be stated with the title of the office. 

In the examination of a nomination paper for which this certificate is to be used 
the County Clerk shall disregard and mark “not sufficient” any name appearing upon 
any section thereof which does not appear in the same handwriting on an affidavit of 
registration in his office made on or before the date when such name was signed, 
or which (except in the case of nomination papers of candidates for judicial or 
school offices, the signers of which may be registered as of any or no party) does 
not appear on said affidavit as intending to affiliate with the party named in such 
nomination paper. 

This certificate shall be affixed to the nomination paper and said paper with this 
certificate attached shall be forwarded by County Clerk to Secretary of State within 
five days after said paper was left with him for examination. 












58 


DIRECT PRIMARY LAW. 


FORM 13. 

Prepared by the Secretary of State and the Attorney General. 

COUNTY CLERK’S CERTIFICATE AS TO NUMBER OF SIGNA¬ 
TURES ON NOMINATION PAPER. 

(Section 5, subdivisions 4, 5, 6 and 7, and section 6, subdivision 1, 

Direct Primary Law.) 

For Congressional and Legislative candidates and Delegate to State Convention 
voted for in a district comprising only one county or portion thereof, where the 
boundaries of such district are changed and the necessary number of signatures is 
determined by the County Clerk or Registrar of Voters under section 5, subdivision 7 


of the Direct Primary Law. 

To the Secretary of State: 

I, County Clerk of the County of_, hereby 

certify that I have examined the nomination paper of_ 

_,_a candidate for (*) nomination for the office of 

_from the_District 


by the_party, at the primary‘election to be 

held on the last Tuesday in August, 191__, and that the number of 
names signed thereto which I have not marked ‘‘not sufficient” is 


I further certify that said number of signatures is not less than one 
per centum, nor more than two per centum of said party vote in said 
district which constitutes the basis of percentage as defined in sub¬ 
divisions 5, 6 and 7 of section 5 of the direct primary law. 

Dated this_day of_, 191_ 

(seal) __, County Clerk. 

By-Deputy. 

Note. — (*) In the case of a candidate for delegate to State Convention insert 
in place of the words “nomination for” the words “election to.” 

In the examination of a nomination paper for which this certificate is to be used 
the County Clerk shall disregard and mark “not sufficient” any name appearing upon 
any section thereof which does not appear in the same handwriting on an affidavit 
of registration in his office made on or before the date when such name was signed, 
or which does not appear on said affidavit as intending to affiliate with the party 
named in such nomination paper. 

This certificate shall be affixed to the nomination paper and said paper with this 
certificate attached shall be forwarded by County Clerk to Secretary of State within 
five days after said paper was left with him for examination. 













DIRECT PRIMARY LAW FORMS. 


59 


FORM 14. 

Prepared by the Secretary of State and the Attorney General. 

COUNTY CLERK’S CERTIFICATE AS TO NUMBER OF SIGNA¬ 
TURES ON NOMINATION PAPER. 

(Section 5, subdivision 4, and section 6, subdivisions 2 and 3, Direct Primary Law.) 

For all candidates voted for entirely within one county or city and county (except 
Member of State Board of Equalization, congressional and legislative candidates and 


delegates to State Conventions). 

I, County Clerk of the County of_, hereby certify 

that I have examined the nomination paper of_, 

a candidate for (*) nomination for the office of (*)_at 


the primary election to be held on the last Tuesday in August, 191—, 
and that the number of names signed thereto which I have not marked 
‘ ‘ not sufficient ”is_ 

Dated this_day of_, 191__. 

(seal) _, County Clerk. 

, Deputy. 

Note.— (*) in the case of a candidate for member of county central committee 
insert in place of the words “nomination for” the words “election to” and also insert 
after the designation of the office the number and name of the district and the words 
“by-- party,” stating name thereof. 

Whenever an office is one voted for only in a district the number and name of such 
district shall be stated with the title of the office. 

In the examination of a nomination paper for which this certificate is to be used 
the County Clerk shall disregard and mark “not sufficient” any name appearing upon 
any section thereof which does not appear in the same handwriting on an affidavit of 
registration in his office made on or before the date when such name was signed, 
and, in the case of nomination papers of candidates for member of county central 
committee only, any name which does not appear on said affidavit as intending to 
affiliate with the party named in such nomination paper. 

This certificate shall be affixed to the nomination paper by the County Clerk 
within five days after such nomination paper is filed with him. 

In the case of a primary election held in a municipality the County Clerk shall 
affix a corresponding certificate to the nomination paper left with him for examina¬ 
tion and shall, with such certificate attached, within five days after being so left, 
forward the same to the city clerk or secretary of the legislative body of such 
municipality. 












60 


DIRECT PRIMARY LAW. 


FORM 15. 

Prepared by the Secretary of State and the Attorney General. 

CERTIFIED LIST OF CANDIDATES FOR NOMINATION. 

(Section 10, Direct Primary Law.) 


Department of State. 

To the County Clerk of _ County: 

I,-, Secretary of State, do hereby certify that 


the following list contains the name and post office address of each per¬ 
son for whom a nomination paper has been filed in my office and who is 
entitled to be voted for in the above-named county at the primary 

election to be held on Tuesday, the_day of August, 191_, 

the title of the office for which such person is a candidate, his name and 
address, being stated under the name of the party or principle he repre¬ 
sents, except in the case of a judicial office or a school office. 

_PARTY. 

STATE (and district) OFFICES. 

(Title of office) (Name of candidate) (Post-office address of candidate) 


District. 


CONGRESSIONAL OFFICES. 

(Including United States Senator. If any.) 


District. 

LEGISLATIVE OFFICES. 


District. 


_District. 

DELEGATE TO STATE CONVENTION (if any). 

Delegate to State Con¬ 
vention _ 

-District. 

Delegate to State Con¬ 
vention _ 

-District. 


_PARTY. 

STATE (and district) OFFICES. 

(Repeat for each party entitled to participate in the primary election, stating office 
and name and address of candidate, in the form above.) 

I further certify that the following list contains the name and post 
office address of each person for whom nomination papers have been 
filed in my office, together with a designation of the office for which such 
person is a eandi(iate, and that such person is entitled to be voted for in 
said county at said election by any registered qualified elector of said 
county whether registered as intending to affiliate with any political 
party or not. 























DIRECT PRIMARY LAW FORMS. 


61 


NON-PARTISAN OFFICES. 

JUDICIAL OFFICES. 

(Title of office) (Name of candidate) (Post-office address of candidate) 


District. 


SCHOOL OFFICE. 


Dated at Sacramento, California, this 

(seal) - 


day of_, 191--. 


Secretary of State. 


Note. —The names herein certified shall be only those of persons who are entitled 
to be voted for in that county to which the certified list is sent. 

W^henever an office is one voted for only in a district the number and name of such 
district shall be stated with the title of the office. 

Omit any office not to be voted on at primary election, and where no sufficient 
nomination paper has been filed for any office to be voted on insert opposite the title 
of such office, in the blank where the name of a candidate would otherwise appear, the 
words “no candidate.” 

In certifying names of candidates, the Secretary of State shall comply with the 
requirements of subdivision 7a of section 12 of the direct primary law. 











62 


DIRECT PRIMARY LAW. 


FORM 16. 

Prepared by the Secretary of State and the Attorney General. 

NOTICE BY COUNTY CLERK OF TIME AND PLACE OF PRIMARY 
ELECTION, POLITICAL PARTIES ENTITLED TO PARTICI¬ 
PATE THEREIN, OFFICES FOR WHICH CANDIDATES ARE TO 
BE NOMINATED OR ELECTED, AND NAMES AND ADDRESSES 
OF CANDIDATES. 

(Section 10, Direct Primary Law.) 

Notice is hereby given that a primary election is to be held in the 

County of_on Tuesday, the_day of August, 

191_, and that hereinafter under the designation of each of the polit¬ 

ical parties entitled to participate therein there is stated the title of 
each office to be voted on thereat, and the name and address of each 
person for whom a nomination paper has been filed for such office and 
who is entitled to be voted for in said county at said election, the name 
of such person being stated under the name of the party or principle he 
represents. 

_PARTY. 

STATE (and district) OFFICES. 

(Title of office) (Name of candidate) (Post-office address of candidate) 


District. 

CONGRESSIONAL OFFICES. 


District. 

LEGISLATIVE OFFICES. 


District. 

DELEGATES 

Delegate to State Con¬ 
vention 

TO STATE CONVENTION (if any). 

District. 
Delegate to State Con¬ 
vention — 

1 

District. 

MEMBERS 

Member of County Cen¬ 
tral Committee 

OF COUNTY CENTRAL COMMITTEE. 

_ _ District. 

to be elected. 


Member of County Cen¬ 
tral Committee 


District, 
to be elected. 



(Designate above such offices (except judicial and school offices) with name and 
number of district, if any, and names and addresses of candidates therefor, as appear 





























DIRECT PRIMARY LAW FORMS. 


6:] 


upon the certified list transmitted to county clerk by Secretary of State, and also the 
office of member of County Central Committee, and names and addresses of candi¬ 
dates therefor, if any, for whom nomination papers have been filed in the office of the 
county clerk and who are entitled to be voted for, stating the name and ^lumber of 
district and the number to be elected in each district. Omit any office not to be 
voted on at primary election, and where no sufficient nomination paper has been filed 
for any office to be voted on, insert opposite the title of such office in the blank where 
the name of a candidate would otherwise appear, the words “no candidate”) 

-PARTY. 

STATE (and district) OFFICES. 

(Repeat for each party entitled to participate in the primary election, stating 
office, and name and address of candidate, in the form above.) 

Notice is also hereby given that following are the judicial, school, 
county and township offices for which candidates are to be nominatefl 
at said primary election, together with the names and addresses of all 
])ersons for whom nomination papers have been hied for each of said 
offices, and that candidates for said offices may be voted for, at said 
primary election, by any registered qualihed elector of said county, 
whether registered as intending to affiliate with any political party or 
not. 


NON-PARTISAN OFFICES. 

JUDICIAL OFFICES. 

(Title of ofHce) (Name of candidate) (Post-offlce address of candidate) 


District. 


Township. 

SCHOOL OFFICES. 


COUNTY AND TOWNSHIP OFFICES. 


Supervisor District. 


_Township. 

(Designate above such judicial and school offices, with name and number of dis¬ 
trict, if any, and names and addresses of candidates therefor as appear upon <^he 
certified list transmitted to county clerk by Secretary of State, and also designate 
such offices (except members of County Central Committee) with name and number 
of district or township, if any, and names and addresses of candidate.s therefor for 
whom nomination papers have been filed in the office of the county clerk, and who 
are entitled to be voted for. 




















64 


DIRECT PRIMARY LAW. 


The offices of “Justice of the Peace” and “Superintendent of Schools” shall be desig¬ 
nated under “Judicial Offices” and “School Offices,” respectively, and not under 
“County and Township Offices.” 

Omit any office not to be voted on at primary election, and where no sufficient 
nomination paper has been filed for any office to be voted on insert opposite the title 
of such office in the blank where the name of a candidate would otherwise appear 
the words “no candidate.”) 

Notice is also hereby given that at said primary election the polls will 
be open from the hour of 6 o’clock a.m. to the hour of 7 o’clock p.m. on 
the day thereof, and that during said hours said election will be held at 
the legally designated polling places in each precinct in said county, 
which are as follows: 


City of_ 

(Name or number of precinct) (Location of polling place) 

Precinct_ _ 

Precinct_ _ 


Town of 


Precinct_ _ 

_Township (outside of city) 

Precinct_ _ 

Dated this_day of_, 

_, County Clerk. 

Note.—T his notice is to be published as required by sections 10 and 11 of the direct 
primary law, and the names and addresses of all candidates shall appear in the pub¬ 
lished notice in the order in which they will appear upon the ballot as prescribed by 
subdivision 8 of section 12 of the direct primary law. 

The parenthetical notes interspersed in this form are for the guidance of the 
county clerks and are not to appear in the published notice. 












DIRECT PRIMARY LAW FORMS. 


65 


FORM 17. 

Prepared by the Secretary of State and the Attorney General. 

CERTIFICATE OF NOMINATION ISSUED TO CANDIDATE. 

(By Board of Canvassers.) 

(Section 23, Direct Primary Law.) 


Office of County Clerk, 

County of_ 

This is to certify that_was nom¬ 
inated as a candidate for the office of_ 

by the-party at the primary election held 

in the above-named county on the_day of August, 191--. 

In witness whereof, the Board of Supervisors of said' county has 
caused this official certificate of nomination to be issued and its 

seal affixed thereto this_day of_, 191_, 

by its clerk thereunto duly authorized. 


(seal) 


County Clerk and ex officio Clerk 
of said Board of Supervisors. 


By-, Deputy. 

Note. — (*i) In the case of a member of the County Central Committee insert in 
place of the words “nominated as a candidate for” the words “elected to” and in the 
second paragraph insert in place of the word “nomination” the word “election.” 

(* 2 ) jn the case of a judicial, school, county, township, or municipal office the 
words “by the - party” shall be omitted. 

Whenever an office is one voted for only in a district the number and name of such 
district shall be stated with the title of the office. 

Whenever the duty of canvassing the vote is placed by law upon some officer or 
board other than the Board of Supervisors, change accordingly the title of the board 
or officer issuing the above certificate. 

This certificate is to be issued to any person nominated for or elected to an office 
voted for wholly within a county, city and county or municipality, except congres¬ 
sional and legislative candidates, candidates for the State Board of Equalization and 
delegate to the State Convention, and, except that in the case of a municipal primary 
election, the date and place of holding thereof, and the board or officer issuing the 
certificate shall be changed accordingly. 


5—36624 














66 


DIRECT PRIMARY LAW. 


FORM 18. 

Prepared by the Secretary of State and the Attorney General. 

COUNTY CLERK’S CERTIFICATE AS TO CANDIDATE’S PARTY 

AFFILIATION. 

(Section 24, subdivision 2, Direct Primary Law.) 


I, Gounty Clerk of the County of_, hereby certify 

that on Tuesday the_day of July, 191_, which was the thirty- 

fifth day before the date of the primary election held on Tuesday, the 

_day of August, 191_,_, who 

resides in said county and is a candidate for the office of_ 

_, was affiliated with the_ 

party as shown by his affidavit of registration in my office. 

Dated this_day of_, 191__. 

_, County Clerk. 

(seal) By_, Deputy. 

Note.— This certificate is to be issued by the county clerk to each candidate who 
has received at the primary eiection the nomination of more than one party for a 
congressional, state, or legislative office. This certificate shall be the credentials of 
such candidate to membership in the convention of his party. 













DIRECT PRIMARY LAW FORMS. 


67 


FORM 19. 

Prepared by the Secretary of State and the Attorney General. 

CERTIFICATE OF NOMINATION ISSUED TO CANDIDATE. 

(By Secretary of State.) • 

(Section 23, Direct Primary Law.) 

Office of Secretary of State, 
Sacramento, California. 

I,-j Secretary of State of the State of 

California, do hereby certify that_was 

Dominated as a candidate for the office of_ 

(*“) by the-party at the primary election held on 

the-day of August, 191__, as appears by the official returns 

of said election and statement thereof on file in my office. 

Witness my hand and official seal this_day of_, 191_ 


(seal) Secretary of State. 

Note.— (*i) In the case of a delegate to State Convention insert in place of the 
words “nominated as a candidate for” the words “elected to.” 

(*2) In the case of a judicial or school office omit the words “by the - 

party.” 

Whenever an office is one voted for only in a district the number and name of 
such district shall be stated with the title of the office. 

This certificate is to be issued to any person nominated or elected at a primary 
election whose nomination paper is filed in the office of the Secretary of State. 











68 


DIRECT PRIMARY LAW. 


FORM 20. 

Prepared by the Secretary of State and the Attorney General. 

CERTIFICATE OF NOMINATION ISSUED TO PRESIDENTIAL 

ELECTOR. 

(Section 24, subdivision 2, Direct Primary Law.) 

Department of State. 

I,_, Secretary of State of the State of 

California, certify that at the state convention of the_ 

party, which met according to law, at the State Capitol on Tuesday, 

the_day of September, 191-_,_1_ 

was nominated as one of the electors of President and Vice President 
of the United States for said party, as appears by the records of said 

state convention relating to the nomination of said electors on file in 
my office. 

Witness my hand and official seal this_day of_, 191... 


(seal) 


Secretary of State. 









direct primary law forms. 


G9 


FORM 21. 

Prepared by the Secretary of State and the Attorney General. 

CERTIFICATE OF SECRETARY OF STATE SHOWING CANDI¬ 
DATES NOMINATED AT PRIMARY ELECTION. 

(Section 23, Direct Primary Law.) 

Department of State. 

To the County Clerk of _ County: 

I,-j Secretary of State, do hereby certify 

that hereinafter are stated the names of those persons entitled to receive 
votes within the above-named county at the ensuing November election 
who have received nominations as candidates for public offices under 
and pursuant to the provisions of the direct primary law, and whose 
nominations are evidenced by the compilation and statement required 
to be made by me and filed in my office as provided in section 22 of said 
law, and that set opposite their respective names there is shown sepa¬ 
rately and respectively for each of said nominees the name of the 
political party or organization, if any, which has nominated each of 
said persons, and the designation of the public office for which he is so 
nominated. 

state (and district) offices. 

(Name of candidate) (Party) (Offlce) 


District 


CONGRESSIONAL OFFICES. 
(Including United States Senator, if any.) 


District 


LEGISLATIVE OFFICES. 


District 


JUDICIAL OFFICES. 

(Name) (OfHce) 


District 

























70 


DIRECT PRIMARY LAW. 


(*) SCHOOL OFFICE. 


I also certify that at the state conventions which met, according to 

law, at the state capitol on Tuesday, the_day of September, 

191-_, the following persons were nominated as electors of President 
and Vice President of the United States, for the parties respectively 
hereinafter placed at the head of the column containing their respective 
names, and you are hereby directed to print the names of such candi¬ 
dates for electors upon the official ballots to be used at the ensuing 
November election as the candidates of their respective parties for such 
office. 


PRESIDENTLVL ELECTORS 

___ Party _ Party _Party, Etc. 

1 _ _ _ 

2 _ _ _ 

3_ _ _ 

(Etc. to 13.) (Etc. to 13.) (Etc. to 13.) 

(All of the foregoing statement relating to electors of President and Vice President 
shall be omitted if such electors are not to be elected at the ensuing November 
election.) 

Dated at Sacramento, California, this_day of_, 191__. 


(seal) Secretary of State. 

Note. — (*) Under the title of judicial offices the Secretary of State shall state the 
names of any candidates nominated for the office of Judge of the Superior Court for 
the county to 'which the certificate is sent. 

(*) In the case of judicial and school offices there shall not be stated the names 
of any political party or organization. 

The names herein certified shall be only those of persons who are entitled to be 
voted for in that county to -w’hich the certificate is sent, and in certifying the names 
of candidates the Secretary of State shall comply with the requirements of section 1197 
of the Political Code. 

Whenever an office is one voted for only in a district the number and name of such 
district shall be stated with the title of the office. 

Omit any office not to be voted on at the ensuing November election, and in the 
event that no person has been nominated for any office to be voted on, insert opposite 
the title of the office, in the blank where the name of a candidate would otherwise 
appear, the words “no nomination.” 





















DIRECT PRIMARY LAW FORMS. 


71 


FORM 22. 

Prepared by the Secretary of State and the Attorney General. 

CANDIDATE’S AFFIDAVIT OF RECEIPTS AND EXPENDITURES 
FOR PRIMARY ELECTION. 

(Sections 29 and 30, Direct Primary Law.) 


State op California, ) 

County of_ 

-being duly sworn says: I was a candidate 

for the nomination to the office of_at the 

primary election held on the_day of_, 191__; 

There was contributed, disbursed, expended or promised by me, and, 
to the best of my knowledge and belief, by any and every other person 
or association of persons in my behalf wholly or partly in endeavoring 

to secure my nomination the sum of $_; that of said 

amount the sum of $-was contributed, disbursed, 

expended or promised by me, and, to the best of my knowledge and 
belief, by other persons the sums hereinafter set opposite their names 
respectively: 


(Name) 


(Amount) 


$. 


I further state that there has been paid, loaned, contributed or other¬ 
wise furnished to me directly or indirectly in aid of my nomination the 

sum of $_and no more; and that following are 

the person or persons from whom said sum was so received, the amount 
received from each being set opposite his name 

(From whom or what source received) (Amount) 

_ $ _ 


Total amount received $- 

That to the best of my knowledge and belief all moneys contributed, 
loaned, or expended by me directly or indirectly by myself or through 
any other person, in aid of my nomination, comprise the following items 
of expenditure, the particular purposes of such expenses being stated 
in each of said items, the amount expended and the name of the recip¬ 
ient thereof being set opposite thereto; 























72 


DIRECT PRIMARY LAW. 


Items of expenditure 

Expended 

Name of person or persons to whom 
paid or disbursed 

1. For the candidate’s official 

fill Tig fpc 









2. For the preparing, printing, 
circulating and verifying 
noiTiintitinn pnpprs , 







1 


3. For the candidate’s per¬ 
sonal traveling expenses.- 









4. For rent and necessary fur¬ 
nishing of halls or rooms, 
during such candidacy, for 
public meetings or for 
committee headquarters 









5. For payment of speakers 
and musicians at public 
meetings and their neces¬ 
sary traveling expenses.-- 









6. For printing and distribu¬ 
tion of pamphlets, circu¬ 
lars, newspapers, cards, 
handbills, posters and an¬ 
nouncements, relative to 
candidates or political 
issues or principles__ 









7. For the candidate’s share of 
the reasonable compensa¬ 
tion of challengers at the 
polls -- 







































DIRECT PRIMARY LAW FORMS. 


73 


Items of expenditure 

Expended 

Name of person or persons to whom 
paid or disbursed 

8. For making canvasses of 
voters_ 









9. For clerk hire_ 









10. For conveying infirm or 
disabled voters to and 
from the noils_ 









11. For postage, expressage, 
telegraphing, and tele¬ 
phoning, relative to can¬ 
didacy _ 









Total amount expended 

$- 



I have used all reasonable diligence in the preparation of this state¬ 
ment and the same is true and is as full and explicit as I am able to 
make it. 

Subscribed and sworn to before me this_day of_, 


(seal) Notary Public in and for the County 

of_, State of California. 

(Or other official.) 

Note.— Lawful expenses are limited to expenses for those purposes only which 
are stated above. (Section 29, Direct Primary Law.) This affidavit is to be made 
by the candidate in duplicate, and within fifteen days of the primary election one 
copy thereof is to be filed with the officer with whom his nomination papers are 
filed, and the other with the recorder of the county or city and county in which he 
resides. 


































74 


DIRECT PRIMARY LAW. 


THE DIRECT PRIMARY LAW OF CALIFORNIA. 

Its Development, Underlying Principles, and Practical Operation. 

By C. C. Young, 

Speaker of the Assembly and Author of the Law. 

HISTORY OF THE CALIFORNIA LAW. 

A few dates and facts showing the development of direct primary legislation in 
California may possibly be of interest to the student of the present law. 

1908. Section 2^ of Article II of the State Constitution, directing that “the 
legislature shall enact laws providing for the direct nomination of candidates for 
public office,” was adopted at the general election of November 3, 1908, by a vote of 
152,853 to 46,772. Every county of the state stood in favor of this amendment—• 
some of them by a vote of nearly ten to one. 

1909. The first direct primary law Avas passed at the legislative session of 1909, and 
was approved March 24 of that year. The principal public hearing of the measure 
was held in the Senate Chamber on January 26, the chief speaker in favor of the 
direct primary being Hiram W. .Johnson—this being a full year before he was 
thought of as candidate for Governor. Subsequently, the bill was so amended as to 
provide for a merely advisory vote on United States Senator by legislative districts, 
and the ensuing controversy on this one provision occupied the attention of the 
legislature until almost the day of adjournment. Indeed, so warm became the dispute 
that at one time it seemed as if no law would be enacted at all. Although very 
materially amended as to content, the form of this first law has never been changed, 
each subsequent law (except that of 1915, which did not take effect) being an 
amendment, section by section, of the previous law. 

1911. The second primary law was passed in 1911 by a unanimous vote of 
both houses, and was approved by the Governor on April 7 of that year. This bill 
changed the former provision as to the United States Senator by practically per¬ 
mitting a direct vote of the people for that office. It provided that all judicial officers 
and all school officers should be elected nonpartisanly. It removed certain restric¬ 
tions on both the voter and the candidate, in the case of the latter requiring as the 
number of signatures for nomination not less than one nor more than two per cent 
instead of the minimum of three and maximum of ten per cent required for county 
oflices under the former law. It changed the date of the primary from the third 
Tuesday in August to the first Tuesday in September. It provided for the rotation of 
names on the ballot so that each candidate for state office might head the list of 
candidates for that office in an equal number of districts. Finally, it provided a 
plan for state conventions by which the party platform is framed by those candidates 
who, if elected, are to carry out its provisions. 

1911 (Deccmhcr). At a special session of the legislature in December, 1911, a 
l*residential Primary Act Avas passed calling for the election of delegates to the 
respective national conventions of the various political parties, together with an 
expression of preference of the voters of each party as to their candidate for Presi¬ 
dent. To provide for all the necessary steps for carrying out such an election would 
have required a very long and detailed piece of legislation. Such legislation for a 
similar primary election was already contained in the Direct Primary Law; and 
accordingly at this same special session ten sections of the primary law were so 
amended as to include the machinery for conducting a presidential primary election. 
The act containing these amendments was signed by the Governor December 24, 1911. 

1913. The Direct Primary Law, approved June 16, 1913, is especially important, 
since it contains the basis of our present law. It consisted of an entire rewriting of 
the law of 1911 along lines demonstrated to be wise by the experience gained in the 
primary election of 1912. In the first place, the time for holding the primary Avas 


ANALYSIS OF DIRECT PRIMARY LAW. 


75 


changed back from September to August, in order to give more time to the 
Secretary of State and county clerks to make ready for the November election. The 
nomination papers which hitherto had consisted of a separate sheet for each signer 
were so changed that numerous signatures could be made to each sheet. The 
minimum number of signatures for state-wide offices was reduced to one-half of one 
per cent. Provision was made for the creation of new parties through the filing of a 
sufficiently large i;)etition. Opportunity was given to any party for giving endorse¬ 
ment, if desired, to the candidate of another party. But most important of all, 
county and township offices were put on a nonpartisan basis, thus adding to the 
judicial and school offices made nonpartisan by the previous law. 

1015. In his biennial message to the legislature at the beginning of the session of 
1915, Governor Johnson said: “Most earnestly do I suggest to you that our state 
officials be elected without party designation of any sort. The advance of non- 
partisanship in our state will be neither an extended nor a difficult step. We now 
suggest applying the principle to the state.” The result of this recommendation, 
coupled with a confidence in nonpartisanship as evidenced in municipal and county 
elections, was an entire revision of the Direct Primary Law along nonpartisan lines 
as far as state and legislative officers were concerned. This bill was vigor¬ 
ously fought in the legislature, particularly in the Assembly, and after its final 
passage and signature by the Governor, April 28, 1915, was stopped from going 
into effect by a referendum petition, thus being submitted to the people for 
acceptance or rejection. This bill, together with ten other measures, was voted 
upon at a special election, October 26, 1915. The vote was light—only one-fifth of 
the registration—and all eleven measures, including the Direct Primary Law of 
191.5, were defeated. 

1016 {January). The legislature of 1915 had not only enacted the so-called “non¬ 
partisan law” (containing provisions for party registration at the polls), but had 
also passed a co-ordinate measure providing that the voter at the time of his 
regular registration should not declare his party affiliation. As has been said, the 
nonpartisan law with its party registration provision was defeated at the polls, 
but the nonpartisan registration law continued in effect. In the fear that all 
party primaries in 1916 would be rendered impossible in the absence of legal 
provision for registering party affiliation, a special legislative session was called, 
and the primary law of 191.3 was so amended as to provide for the declaration of 
party affiliation at the polls on the day of the primary election. This bill, 
possibly through a misapprehension as to its intent, possibly as an inheritance 
of the nonpartisan controversy of the year before, was also held up by a refer¬ 
endum petition. INIeanwhile,' jshortly after (the signing of the bill, January 
by a referendum petition. Meanwhile, shortly after the signing of the bill, January 
11, 1916, the Supreme Court rendered a decision that, owing to the necessity of 
party registration in order to conduct the forthcoming party primaries, such registra¬ 
tion was permissible notwithstanding the absence of law providing for it. This 
removed the vital necessity for the January Direct Primary Law, and, accordingly, 
no campaign being made for it at the November election, it was defeated, though 
by a comparatively small margin—319,.559 to 349,723. 

1011. The defeat of the 1915 and the 1916 laws left the law of 1913 as the one still 
in effect. But the experience of two primary elections had demonstrated the neces¬ 
sity of remedying numerous minor defects and inconsistencies always incident to so 
lengthy a statute. Indeed, most of the twenty sections of the 1916 amendment 
Avere directed toward this end; and when this amendment failed of passage it 
became necessary to present a neAV measure to t^ke care of these required changes. 
Accordingly, the Direct Primary Law of 1917 was introduced, amending fourteen 
sections of the 1913 law, with the sole purpose of preserving the spirit of this 
earlier law, while at the same time correcting its defects, and bringing it up to date. 
These amendments, adopted by both houses of the legislature, and signed by the 
Governor on May 29, 1917, are here presented as incorporated into the 1913 Direct 
Primary Law, of which they form a part. The law thus being amended as to 
minor defects, appears now in fairly permanent form, and accordingly seems to 
justify rather more than ordinary care in its annotation and discussion. 


76 


DIRECT PRIMARY LAW. 


Sec. 3. 


Sec. 12, 
Sub. 1. 


Sec. 5, 
Sub. 7. 


Sec. 17. 


Sec. 2. 


Sec. S. 


UNDERLYING PRINCIPLES OF THE LAW. 

Before entering into any detailed explanation of the workings of the 
California Direct Primary Daw, a few general statements regarding the law 
may properly be made, showing, among other things, some of the changes 
from the previous law. 

TIME AND NATURE OF PRIMARY ELECTION. 

1. Party nominations for the placing of party candidates on the ballot 
for the general election in November are by this law brought about by 
party primary elections to be held on the last Tuesday in August preceding 
the November election. Although these primary elections are in reality dis¬ 
tinct and separate party elections on a separate and distinct ballot for each , 
party, they are, for the sake of convenience and economy, all held on the 
same day, in the same place, and before the same set of election officials. 
Each of these parties, wherever qualified to so participate, in which suf¬ 
ficient nomination papers for one or more candidates have been filed, will 
have its separate party ticket at the election booth, containing the names 
of all such aspirants for nomination for each office as have complied with 
the provisions of the law hereinafter set forth. 

This consolidation of primary elections for the various parties is made 
feasible through the fact that voters in registering have in most cases 
stated their party affiliations, and the election officers are therefore able 
to hand to each voter, as he presents himself, his proper party ballot If 
he has not, in registering, affiliated himself with any party, he is, for pur¬ 
poses of the primary, regarded as a nonpartisan; and as such he is fur¬ 
nished, not with a party ballot, but with a ballot containing the names of 
all candidates for nonpartisan offices, as hereinafter described. 

Thus every voter, whether registered as a partisan or not, can partici¬ 
pate in a primary election; the only restriction being that only those who 
are members of any particular party are permitted to take part in the 
councils of that party in nominating its party candidates. 

W^IIERE THE PRIMARY LAW DOES NOT APPLY. 

2. By specific provision the direct primary law does not apply to special 
elections to fill vacancies; to recall elections; to school district elections; to 
other so-called “district” elections, such as reclamation district, irrigation 
district, sanitary district, etc.; to elections of freeholders preparatory to 
framing charters; to elections in cities of the fifth or the sixth class, nor 
to elections in cities, counties, or cities and counties the charters of which 
provide a system for the nomination of candidates. 

The present law differs from the former law in excepting from its pro¬ 
visions cities of the fifth class—^a change which has long been desired by 
such cities. Inasmuch as cities of the fifth and sixth classes are excepted, 
and as most other cities have specific provisions for their election 
machinery contained in their charters, very few, if any, California cities 
now come under the provisions of this law as far as their municipal 
elections are concerned. The word “municipal,” however, is inserted in 
the list of so-called “nonpartisan” offices to take care of such a situation, 
should any need arise. 

# 

DATE OF THE PRIMARY ELECTION. 

3. As will be noted above in the history of the law, the original primary 
law of 1909 fixed the date of the primary as the third Tuesday in August— 
a time which was found to produce a light vote, since the election came 
in the middle of the summer vacation of certain portions of the state. It 


ANALYSIS OF DIRECT PRIMARY LAW. 


77 


was therefore changed to the first Tuesday in September, but experience 
soon proved that this latter date pushed the primary so near to the 
I'sovember election as to provide scant time for county clerks, the Secretary 
of State, judges in election contests, and the like, to make ready for that 
election. Accordingly, since lOlS, the date has been finally fixed as the last 
Tuesday in August. 

PARTIES QUALIFIED TO TAKE PART IN PRIMARY. 

4. The August primary election may be participated in by all political Sec. 1. 
parties which, at the last general election, polled, for any of its candidates 
voted on throughout the state, at least 3 per cent of the entire vote of the 
state; or, for any one of its candidates who was the joint candidate 

of itself and another party, at least 6 per cent of such vote. By this 
provision the Republican, Democratic, Progressive, Prohibitionist, and 
Socialist parties all qualified at the last presidential election for taking 
part in the primary election of 1918. 

In case a new party should arise, or any one of the old parties fail Sec. 1. 
to secure its required 3 per cent vote, a petition may be circulated, 
giving the name of such party, and asking that it be recognized as a party 
qualified to participate in the primaries; and if there are valid signatures 
to this petition equal to 3 per cent of the entire vote of the state, such 
party shall be so recognized. The only limitation on such new party is that 
its name shall not be so similar to the name of an existing party as to 
mislead the voter. 

THE PRIMARY FOR NONPARTISAN OFFICES. 

5. All candidates for any judicial office, school ofiice, county office, town- Sec. 12, 
ship office, or municipal office are nominated on a strictly nonpartisan 
basis, and all the aspirants for nomination to each of such offices are to 

be placed on all the ballots of every political party participating in the y 

election, in such a manner that the ballots of all the parties shall be 
identical as to the candidates for these nonpartisan offices. These non- 
partisan candidates shall also have their names appear on a separate Suh!l. 
special nonpartisan ballot to be voted, as stated above, only by those 
electors who, in registering, did not declare their party affiliations. 

For each of these nonpartisan offices the two candidates who receive the Sec. 23. 
highest number of votes shall be the candidates to be voted for at the 
ensuing final election; unless some one candidate receives a clear majority 
of all the votes, in which case he shall be the only candidate to go upon the 
ballot for the office at the ensuing election, thus virtually electing him at 
the primary and saving him and the electorate the expense of a further 
contest for such office. 

By these provisions it is assured that the candidate finally elected must 
be the choice of a majority of all the voters, instead of the choice of a 
mere plurality, or minor fraction. Moreover, in most cases this majority 
is obtained at the primary election. For instance, in the last three 
primary elections, out of all of the counties electing a single superior judge, 
over 95 per cent of them virtually elected him by a majority vote at the 
primaries. 

This new primary law goes further than the former one by extending Sec. 2S. 
the advantages of a majority vote at the primaries to instances where 
there are two or more persons to be elected to the same office, as is the 
case with many judicial officers. This advantage under the new law will 
apply to the judicial candidates of all counties which elect more than one 
superior judge at any one time; as, for example, the counties of Los 
Angeles, San Francisco, Alameda, Sacramento, San Diego, Fresno, Kern, 

San Joaquin, Santa Clara, Sonoma, Orange, Contra Costa, Humboldt, and 


78 


DIRECT PRIMARY LAW. 


Sec. 17. 


Sec. lOgh 

Pol. 

Code. 

Supreme 

Court 

decision, 

Grieh vs. 

Ze7nan- 

sky 

(S. F. 

No. 

5Jf38). 


Sec. 5f 
Sub. 8. 
Sec. 1188, 
Pol. 
Code. 


Secs. 15-22. 


others. The advantages of this change, both to the judiciary and to the 
electorate, are easily apparent, and form one of the interesting features 
which mark this latest amendment to the law. 

ELECTORS QUALIFIED TO VOTE AT PRIMARY. 

6. As indicated above, except to the extent of voting for candidates 
for nonpartisan offices, no voter is permitted to participate in an August 
primary election unless he has stated on his affidavit of registration with 
what party he intends to affiliate at the ensuing primary election—whether 
Republican, Democratic, Progressive, etc.; and at the election he shall 
receive the ballot only of that party with which he has registered his 
affiliation. Nor, except for candidates for such nonpartisan offices, is any 
voter permitted to sign the nomination paper for any candidate to be 
voted on at such election unless he is registered as belonging to the party 
under which the nomination is being made. Nor is any voter qualified to 
participate in any August primary election or to sign any nomination 
paper for a candidate to be voted on at such election, unless he has regis¬ 
tered since the first day of January preceding the election. 

INDEPENDENT NOMINATIONS SUBSEQUENT TO PRIMARY. 

7. An aspirant for any office not nonpartisan (i. e., not a judicial, 
school, county, township or municipal office), may, by the provisions of 
section 1188 of the Political Code, also get upon the ballots of the Novem¬ 
ber election, as an independent candidate, providing, first, that he secures a 
nominating petition of at least 1 per cent of the vote in his district at the 
last preceding election, none of the signers of which petition has voted at 
the recent primary election; and, second, that he himself was not a 
candidate for such office at such primary election. 

This method of getting upon the ballot is prohibited to candidates for 
nonpartisan office, for the reason that every candidate for this class of 
office is from the beginning an independent candidate, and has run as such 
at the primary—a primary, moreover, so far as the nonpartisan office is 
concerned, at which all aspirants are permitted to contest, and in which 
all electors are permitted to vote, whether registered as partisan or non¬ 
partisan. To permit an aspirant for sqch an office to become an inde¬ 
pendent candidate after the primary at which other independent candi¬ 
dates have qualified, would be to give one independent candidate an unfair 
advantage over another. If candidates for nonpartisan office were per¬ 
mitted to qualify in November under the provisions of section 1188, it 
would soon occur that no nonpartisan candidate would run except in this 
manner, and the primary, with its great service of weeding out minority 
candidates, would soon become a dead letter so far as such offices are 
concerned. Accordingly, this method of securing an independent nomina¬ 
tion is restricted to candidates for offices which are not on a nonpartisan 
basis. 

ISIETHOD OF NOMINATION AT THE PRIMARY. 

8. An August primary election is conducted exactly like the general 
election in November. The election officers and their duties are the same. 
The voter stamps a cross (X) opposite the name of his choice for each 
office in the usual manner. The votes are counted, returns are made to 
the boards of supervisors and canvassed by them, results are recorded or 
transmitted to the secretary of state—all as in the general election. The 
candidates nominated for each of the nonpartisan offices are determined as 
already outlined in 5 above. Of all party candidates for office, that 
candidate who receives the highest number of votes in the primary of any 


ANALYSIS OF DIRECT PRIMARY LAW. 


•79 


paitj for any office shall be the candidate of such party for that office 
at the ensuing November election. Of all party candidates for the office 
of party committeeman or of delegate to a party convention, that candi- Sec. 23. 
date who receives the highest number of votes in the primary of any party 
shall be declared elected to represent such party. 

LIMITATION ON CANDIDATES. 

9. Section 5 of the present law, near the end of subdivision 4 , reads as 
follows: 

‘Nothing in this act contained shall be construed to limit the rights of sec. 5, 
any person to become the candidate of more than one political party for Sub. if. 
the same office upon complying with the requirements of this act.” 

Of the “requirements of this act” which impose a limitation on candi- g 
dacies, the first is found in subdivision 9 of section 5, and provides that no Sub. 9. 
candidate for whom a nomination paper has been filed as a party candi¬ 
date at any primary, and who is defeated for such party nomination, shall 
be eligible to run as an indejiendent candidate for the same office at the 
ensuing November election. The wisdom and justice of preventing a 
candidate, defeated in the primary election, from giving his successful Sec. 7 
opponents another contest in the November election is too obvious to 
require comment. 

Moreover, in the same section and subdivision, the law goes one step 
further, and provides that “no person shall be permitted to file nomination 
papers for a party nomination and an independent nomination for the 
same office, or for more than one office at the same election.” This, how- Sec. 5, 
ever, does not prevent a person whose name has been “written in” upon 
primary election ballots, but for whom no nomination paper has been filed, 
from seeking election as an independent candidate at the ensuing November 
election. 

But the most important limitation “by the requirements of this act” is 
yet to be considered. In section 23 it is provided that no party candidate 
who fails to secure the nomination in his own party shall be entitled to Sec. 23. 
be the candidate of any other party, even though he may have gained the 
nomination in such other party. 

The purpose of this provision was to keep entire faith with the verdict of 
the so-called “nonpartisan referendum” of 1915, by making the law in 
this particular square exactly with the law as understood and interpreted 
in 1913, the assumption being that under a system of partisanship for state 
and legislative offices the so-called “cross-nominations” are practically 
simply endorsements of a party candidate by other parties, which endorse¬ 
ments, as such, presuppose nomination by the candidate’s own party, and 
are consequently properly to be nullified if the candidate fails to secure his 
own party nomination. Moreover, it seems hardly fair to a candidate who 
has won the nomination in his own party to compel a second contest against 
the opponent he has just defeated in the primaiy merely because this 
opponent may have secured an uncontested nomination in one or more 
other parties. In a sense, the spirit of the primary as a method of 
choosing party candidates would seem to be violated if a candidate who had 
been turned down for nomination in his own party were permitted again 
to enter the lists as an opponent to his party’s nominee. 

Of course, it is understood that in case the candidate wins his own party 
nomination, and also by either the endorsement or the “writing in’' 
process, gets the greatest number of votes in some other party, he shall be 
considered as also nominated by this other party; provided that, in case he 
secures this nomination by having his name written in, the number of 
votes so “written in” is as great as the minimum number of nomination 
papers which would have been required to place his name upon the ballots 5 . 

of such party. 


60 ' 


DIRECT PRIMARY LAW. 


WITHDRAWALS AND VACANCIES. 

10. A candidate of one party, who is also nominated by another party by 
having his name “written in,” as outlined above, may withdraw as the 
candidate of this second party, as, indeed, may any one who has been 
nominated by the “writing in” process, such withdrawal to be asked for in 
writing at least 31 days before the day of the November election. This 
Sec 25. provision permitting the withdrawal of a “written in” candidate is mani¬ 
festly proper, since a man can not be expected to accept a party or non¬ 
partisan nomination which he has not sought, and does not want. But by 
a specific provision of the law, and in order to remedy a defect in the 
previous law pointed out by a recent Supreme Court decision, no candidate 
for whom nomination papers have once been filed shall be permitted to 
withdraw, either before or after the primary election. The vacancy caused 
by the withdrawal of a “written in” candidate shall not be filled. Neither 
shall a vacancy be filled w'hich has been created when an endorsed or 
“written in” candidate fails to secure his own party nomination, and thus, 
as outlined above, becomes ineligible as the candidate of the party which 
has endeavored to make him its nominee by endorsing or “writing in” his 
name. Nor shall a vacancy be filled by reason of the failure of a party 
to nominate any candidate for the office at the primary election, or by 
reason of any other cause whatever except one—namely, the death of the 
nominee subsequent to the primary election, and at least 25 days previous 
to the date of the November election. 

This provision preventing the filling of vacancies on a party ticket is 
designed to impel all parties to make the fullest use of the primary, rather 
than depend on the making of subsequent nominations by a party com¬ 
mittee, as in some cases has been the tendency under the former law. 

Thus, as will be seen in this and other provisions, the whole spirit of the 
California primary law is directed toward making the direct primary a 
vitally important function of our government—one that will place upon 
the whole electorate, and the political parties which compose it, the 
responsibility for the selection of fitting candidates from whom final choice 
for office may be made. 

THE OPERATION OF THE LAW. 

Let us now examine the w^orkings of some of the details of this law, 
by showing in their order the various steps to be taken by the candidate 
and the voter in carrying out its provisions. 

THE QUALIFYING OF A PARTY FOR THE ELECTION. 

Sec. 1, As has been said above, any political party is qualified to participate in 

Sub.9(.a). a primary election providing at the last preceding November election its 
candidate for any office voted on throughout the state received at least 
3 per cent of the entire vote of the state, or 6 per cent of such vote if its 
candidate was also the nominee of another party. In the November 
election of 1916, 3 per cent of the state’s vote was 31,376, and by the above 
provisions the Democrats, Republicans, Progressives, Socialists, and Pro¬ 
hibitionists are all qualified for the primaries of 1918. 

REPORT AS TO PARTY REGISTRATION. 

Sec. h For the information of the secretary of state in enabling him to 

determine the number of party ballots necessary to be printed, etc., three 
reports as to the total registration and the registration in each party are 
required to be made, during each year of election, by county clerks and 
registrars of voters. (Form 1.) 


ANALYSIS OP DIRECT PRIMARY LAW. 


81 


THE CALLING OF THE ELECTION. 

At least seventy days before the last Tuesday in August, the date of the Sec. L 
August primary election, the secretary of state shall transmit to each l. 

county clerk or registrar of voters, a notice designating all the offices, 
except township offices, for which candidates are to be nominated at such 
election, and the names of the political parties qualified to participate in 
such election. {Form 2.) 

ithiii ten daj's after the receipt of such notice, the county clerk or Sec. 
registrar shall publish so much thereof as shall be applicable to his county 
(Form 3), once each week for two successive weeks in not more than two 
newspapers of the county. lie shall also include in this notice a state¬ 
ment of the township offices to be filled, and a statement of the number 
of county central committeemen to be elected by each party in each district. 


THE NOMINATION PAPER AND ITS SIGNERS. 


As a prerequisite for placing upon the primary ballot of any political 
party the name of any candidate for any office except a nonpartisan office 
(i. e., a judicial, school, county, township or municipal office), a paper 
placing such candidate in nomination must be signed by the voters of such 
party, examined by the county clerk as to correctness and validity of 
signatures, and, except in the case of papers nominating members of the 
county central committee, filed, as provided below, with the secretary of 
state. 

The signatures to such nomination paper must not be obtained by the 
candidate himself, nor by any one connected with the office of the county 
clerk or registrar of voters, but by electors of the county in which the 
paper is circulated, called verification deputies, and appointed as here¬ 
inafter set forth. 

The nomination paper is prepared in sections (Form (S), each section 
containing at the head the statement of the signers thereto, in which the 
voter after stating his party affiliation, states that he hereby nominates 
such candidate for such office, that he will support his nomination in the 
ensuing election, and that he has not nominated any other candidate for 
the same office. No such paper shall be signed earlier than sixty-five days 
nor later than forty days prior to the date of the August primary. Below 
this statement are blank lines in which the voter may sign his name, 
residence, and the date of signing, and in which may also be added the 
precinct of the signer. Each section must, for convenience of the county 
clerk, be signed only by voters of the same city or town, or territory of 
the county outside of any city or town, and all signatures on each section 
must be numbered. At the end of each section of the nomination paper 
the verification deputy must swear that every signature thereon was made 
in his presence, and is, to the best of his knowledge and belief, the genuine 
signature of the person whose name it puriiorts to be. 


Sec. 5, 
Sub. 1. 


Sec. 6, 
Subs. 1, 2. 


Sec. 5, 
Sub. 4. 

Sec. 5, 
Subs. 2(a) 
and 2(b). 

Sec. 5, 

Sub. 3. 


NUMBER OF SIGNATURES REQUIRED. 

^J'lie number of signatures to a nomination paper should be large 
enough to discourage all frivolous candidates who, with no backing or 
expectation of success, are merely seekers after notoriety; but should at 
the same time be no larger than seems absolutely necessary to accomplish 
this purpose, since the securing of an undue number of signatures is 
wearying both to the candidate and to the public. The law accordingly 
cuts down the number of signatures required to as small a number as will 
satisfy these two requirements. 

The number of signatures required to such nomination paper is not less Sec. 5, 
than one-half of one per cent in the case of a candidate for an office to 


6—3r.624 


82 


DIRECT PRIMARY LAW. 


Sec. 6, 
Subs. If, 5. 


Sec. 5, 
Sub. 3. 


Sec. 5, 
Sub. 8. 


Sec. 6. 
Subs. 1, 2. 


Sec. 5, 
Subs. 2(a) 
and 2(b). 


Sec. 5, 

Sub. 2(a). 


be voted on throughout the state (in other cases not less than 1 per 
cent), and not more than 2 ]K'r cent, of the vote cast, in the political 
subdivision in which the candidate seeks nomination, for the party’s candi¬ 
date for governor at the last gubernatorial election. In case the party had 
no candidate for governor, the percentage is based on the total guberna¬ 
torial vote. 

This low percentage reciuirennmt necessitates for a candidate for assem¬ 
blyman, for instance, in a district of ordinary size, only thirty-five or forty 
nomination papers to be signed, thus allowing the candidate carefully to 
select those who are asked to sign, and making his nomination paper 
a really important and weighty endorsement of his candidacy. 

The number of signatures i>ermitted to be filed on any nomination paper 
ranges from the one-half of one per cent, already described as the minimum, 
to a maximum of 2 per cent; and no more than 3 per cent is allowed to be 
secured, thus serving the double purpose of preventing the persistent 
circulation of nomination papers from becoming a nuisance to the public, 
and also preventing any candidate from attempting to “tie up” voters 
in advance by getting a large percentage of their names signed up for 
himself. 

NOMINATION PAPERS FOR NONPARTISAN OFFICES. 

Aspirants for nomination to nonpartisan offices (i. e., judicial, school, 
county, township and municipal offices) proceed as outlined above except in 
the following particulars: first, the nomination paper {Form 9) may be 
signed by any voter irrespective of party affiliation, and shall nowhere 
contain any reference to party; second, the number of signatures required 
for nominaion is no less tlian one-Iialf of one per cent nor more than two 
l)er cent of the total vote cast by all political parties at the last election in 
the stale or political subdivision thereof in which the candidate seeks nom¬ 
ination; and third, that, although in the ca.se of candidates for the supreme 
court or district courts of appeal and for state superintendent of public 
instruction nomination papers are to be filed with the secretary of state, all 
other nomination papers for noniiartisan offices shall be filed with the 
county clerk or registrar of voters. 

VERIFICATION DEPUTIES AND THEIR APPOINTMENT. 

Having described the nomination paper by which the name of the can¬ 
didate is placed upon the primary ballot, let us now discuss the verifica¬ 
tion deputies, whose function it is to secure the signatures to such 
nomination paper. These deputies may be appointed at any time, includ¬ 
ing the appointment of additional ones when necessary, in either of the two 
following ways. (As in the former instance we will first confine our 
attention to those offices which are not nonpartisan) : 

I. By Candidate. The first thing to be done by any candidate who 
seeks the nomination of his party for any office will naturally be the selec¬ 
tion of one or more verification deputies to circulate his nomination paper 
for signatures. The candidate accordingly signs a paper {Forms 4 oiid 5) 
appointing certain electors of a county as verification deputies to secure 
signatures in such county to his nomination paper, and, at or before the 
time he files his nomination paper, files these appointments with the county 
clerk to indicate the authentic list of deputies. In case the office to which 
he seeks nomination covers a district comprising more than one county, 
the candidate must repeat this process in each of the counties in which 
he desires his nomination paper to be circulated and signed, since veri¬ 
fication deputies are allowed to secure signatures only in the county of 
their residence. 


ANALYSIS OP DIRECT PRIMARY LAW. 


83 


2. By CommUtee. There is an alternative method provided for the 5, 
appointment of verification deputies hy which the list of verification Sub. 2(b). 
deputies is appointed, and filed, and the sections of the nomination paper 
after being signed are collected, arranged, and filed, not by the candidate, 
either personally or through agents named or deputized by him, but by a 
self-appointed, independent committee of five electors of the county, or 
of each county in which it is desired to circulate the nomination paper. 


This method may be used in any case, as, for instance, when a public 
official has served long and well, and is disinclined to take the initiative 
toward bringing about his own re-election. But it is particularly well 
fitted to be employed by friends or admirers of a candidate for some office 
w’ho belong to some party other than his own, and who wish to try to 
secure for him the endorsement of their party, thus providing for him 
another party nomination in addition to the nomination he seeks in his 
own party. In making their appointments the five electors must state the Sec. 5, 
name of the party in which nomination is sought, and must also declare 
that they are registered as intending to affiliate with such party at the 
primary election. 

In order to safeguard a candidate from being given a nomination which Sec. 5, 
he does not desire, or from being proposed for a party endorsement 
which he does not want, and which, if secured, might embarrass him in 
his own party, the law provides that the paper in which the committee of 
five appoints its verification deputies (Forms 6 and 7) must contain a 
statement that they have secured the consent of the candidate “to be thus 
proposed for nomination to such office.” 

Verification deputies appointed to circulate the nomination papers for Sec. 
candidates for nomination to judicial, school, county or township offices 
are named exactly as indicated above except that, in the ])aper in which 
they are appointed, there is no reference whatever to any political party. 


THE ARRANGEMENT AND FILING OF NOMINATION PAPERS. 

After the verification deputies have concluded the obtaining of signatures sec. 5, 
to the nomination paper and attested their authenticity, the various Sub. 3. 
sections thereof must be returned—to the candidate (or some one desig¬ 
nated by him), if he appointed the verification deputies, or to some member 
of the committee of five, if the deputies were appointed by the commit¬ 
tee—to be arranged and filed by the candidate or by the committee, as the 
case may be. The various sections shall first be numbered in order and 
fastened together by cities or towns or the portion of the county outside 
of such cities and towns. An index of precincts (Form 10) may then be ^ 

made for convenience of the county clerk, in such a manner that, while ' 

he has before him the affidavits of registration of any precinct of any city, 
he can by aid of the index at once turn to the check the signature of every 
voter who is registered in that particular precinct. This index is much 
simpler and more easily made than the one required under the previous 
law. Whether it shall be made or not is optional, depending, in most cases, 
on the wishes of the county clerk of the county in which the nomination 
liaper is circulated. 

At least forty days prior to the primary election, the county clerk or 
registrar of voters receives the nomination paper with its several sections 
and index (if any) properly arranged and bound. lie then compares 
the signature of each name upon the paper with the corresponding sig¬ 
nature on the original affidavit of registration in his office, noting also, 
except in case of a candidate for a nonpartisan office, whether the voter 
who has signed a paper proposing the candidate for nomination in a 
certain party has registered as affiliating with that same party. After 
marking “not sufficient” and deducting from the total of names on the 


84 


DIRECT PRIMARY LAW. 


Sec. 6, 
Subs. 


Sec. 5, 
Sub. },. 


Sec. 7. 


Sec. 7, 
Sub. 9. 


Sec. 7, 
Sub. 8. 


Sec. 7, 
Subs. l~i 


Sec. 10. 


Secs. 
JO, 11. 


nomination paper such names as do not meet the above requirements, the 
county clerk or registrar shall prepare a certificate (Forms 12, 13 and 
14 ) showing the number of valid signatures on the nomination paper; 
and, in behalf of the candidate or the committee of five, as the case may 
be, shall see that within five days after having been left for examination 
all nomination papers for county or township offices and for members of 
the county central committee aie filed in his own office, and that all other 
nomination papers are filed in the office of the secretary of state. 

THE candidate’s AFFIDAVIT AND FILING FEE. 

At least thirty-five days prior to the August primary election, the can¬ 
didate shall file in the place where his nomination paper is required to be 
filed, an affidavit (Form 11) stating his residence, election precinct, and 
the oflBce to which he aspires, with the additional statement that he will 
not withdraw before the primary election, that if nominated he will accept 
such nomination, and that, if subsequently elected, he will accept the 
office. This affidavit is entirely independent of any nomination paper, 
whether such nomination paper is filed by the candidate for his own party, 
or by a committee for an endoising party. Accordingly only one affidavit 
shall be filed, even though the candidate may be aware that friends in other 
parties are attempting to endorse his candidacy by giving him their party 
nomination. 

A fee for filing nomination papers must be paid by each candidate 
(except as herein excepted) before his papers can be filed—in other words, 
at least thirty-five days before tlie primary election. If he is proposed for 
nomination in more than one party, he must pay a separate filing fee 
for each party. If he receives a nomination at the primary by having 
his name written in, he must pay a filing fee before such nomination is 
counted for him. 

For county offices, or for township offices having a salary of over six 
hundred dollars per year, the f(‘e is ten dollars and is paid to the county 
clerk. For minor township offices, and for offices carrying no salary, there 
is no fee. For all other offices, state, district, congressional and legisla¬ 
tive, the fee is paid to the secretary of state, and is as follows; state 
offices and United States senator, fifty dollars; district and congressional 
offices, twenty-five dollars; legislative offices (senate and assembly) ten 
dollars. 


CERTIFICATION AND PUDLICATION OF CANDIDATES’ NAMES. 

At least thirty daj's prior to the August primary election the secre¬ 
tary of state shall certify to the county clerk or registrar of voters of each 
county the name, address and party of each state, district, congressional 
or legislative candidate to be voted for in such county, except that all 
judicial and school offices shall be certified without regard to party 
(Form 15). The county clerk or registrar shall thereupon publish these 
names in the same general form (Form 16) as furnished by the secretary 
of state, and shall add thereto adist of candidates for all county and town¬ 
ship offices, together with the statement that candidates for all nonpartisan 
offices may be voted for by any elector, whether he has, in registering, 
declared his party affiliation or not. He shall also designate the location 
of the various polling places where the election will be held, together with 
the date of the election and the hours of voting. Such publication shall 
be made once each week for two successive weeks in not more than two 
newspapers of the county. 


ANALYSIS OF DIRECT PRIMARY LAW. 


85 


ROTATION OF CANDIDATES’ NAMES. 

AH candidates, except candidates for legislative or county offices, who Sec. 12, 
are to be voted on in more than one assembly district, shall have their 
names so arranged upon the ballots in the various assembly districts, that 
no candidate shall have the advantage of any other in the position of his 
name. For example, each of four candidates for nomination for governor 
shall have his name placed first in twenty assembly districts, second in 
twenty others, third in twenty others, and last in the final twenty. 

All candidates for legislative office, including candidates as delegate See. 12, 
to the state convention, as well as candidates for the county central com- Suh.iic), 
mittee, shall have their names placed upon all ballots in alphabetical order. 

All candidates for county office to be voted on throughout the entire county 
have their names rotate by supervisorial districts unless there are more 
than five assembly districts in the county, in which case they rotate by 
assembly districts. 

SAMPLE BALLOTS. 

Sample ballots shall be sent by mail to all voters not less than five nor Sec. IS. 
more than ten days prior to the August primary election. Sample ballots 
shall no longer be published by advertisement in newspapers. The sample 
ballot to be sent to the various voters shall be in each case the ballot of 
the party with which the voter, in registering, has declared himself affili¬ 
ated. To those voters who declared no party affiliation, the sample ballot 
sent shall contain only the names of candidates for the nonpartisan offices. 

THE PRIMARY ELECTION. 

As already stated, the manner of preparing (he ballots, of voting, and Secs. 12-21. 
of counting the votes in a primary election, as prescribed in sections 12 
to 21 of this law, differs in no essential particular from that of a general 
November election. As in the case of the general election, primary elec- U/. 
tion polls are now open from G a.m. to 7 p.m., instead of from 6 a.m. to 
G p.m. as the law provided up to a few years ago. 

CANVASS OF VOTES AND RETURNS. 

'The board of supervisors of each county commences the canvass of votes Sec. 22. 
at 1 p.m. of the second day after the election, or as soon thereafter as the 
returns are all in. They must complete their canvass by the sixteenth day 
after the election. As soon as the results are ascertained, the county clerk 
shall compile and file in his office a statement of the results of the election 
for county and township offices. He shall send a statement regarding all 
other offices (including the office of judge of the superior court) to the 
secretary of state, who shall at once compile these results and file a 
statement of them in his office. 

CERTIFICATIONS OF NOMINATION. 

The board of canvassers shall issue certificates of nomination {Form Sec. 2S. 

17) to the successful candidates for nomination to county and township 
offices. The secretary of state shall likewise issue certificates of nomina¬ 
tion to the successful candidates for nomination to all state, district, con¬ 
gressional and legislative offices {Form 18). The secretary of state shall 
also, at least thirty days before the November election, certify to each 
county clerk or registrar the names of all state, district, congressional, and 
legislative nominees to be voted for at such election by the voters of his 
county, showing in each case the name of the political party or parties, if 
any, by which the candidate has been nominated, and to what office 
{Form 20). 


8G 


DIRECT PRIMARY LAW. 


Sec. 2i. 


Sec. 2h 
Subs. 
2(a), 
2(b), 
2(c). 


Sec. 2i, 
Sub. !{. 


THE STATE CONVENTIOiSr. 

The present law is a decided improvement over the former one, in that 
it limits the membership in the state convention of any party to those 
who are actually registered as affiliated with such party. The state con¬ 
vention of a party is made up of the party’s nominees for congressional, 
state, and legislative offices, together with hold-over senators or delegates 
from hold-over senatorial districts. 

According to the former law there was nothing to prevent a candidate 
who had been given the nomination of three political parties, for instance, 
from attending the convention of all those parties. In the present law, 
however, it is provided that he may attend only the convention of his own 
party, and that the vacancy in the conventions of the other parties shall 
be filled by the proper party committees. 

In this law, also, each hold-over senator is permitted to attend the 
convention of his party, the vacancy in the conventions of the other parties 
being filled by the election of delegates who shall have nomination papers 
circulated in their behalf, shall have their names placed upon the ballot, 
and shall be elected and certified in the same manner as a state senator 
is nominated. 

All of the conventions of the various parties meet simultaneously at the 
state capitol at 2 o’clock p.m. of Tuesday, three weeks after the primary 
election. Each convention shall forthwith formulate its party platforjn, 
and all platforms shall be made public at the same time. The wisdom is 
obvious of baving a ])latform framed by those who, if elected, are to cany 
out its provisions. Eacli convention also selects the state central commit¬ 
tee of its party not less than three from each congressional district, and in 
“presidential years” nominates its presidential electors {Form 19). 

In the ev'ent of a vacancy in the state convention of any political party 
provision is made for the tilling of such vacancies by county central com¬ 
mittees, or, in the case of a vacancy caused by lack of a nominee to a state 
office, by its party’s state central committee. 

THE COUNTY CENTRAL COMMITTEE. 

In the present law the old county convention is done away with, and 
the selection of the county central committee, which used to be the one 
function of such convention, is now made by direct election of the mem¬ 
bers thereof at the August primary election. These candidates for the 
county central committee are placed upon the ballot by means of nomina¬ 
tion papers, and are elected and certified in the same manner as county 
officers are nominated and certified, except as to the nonpartisan feature 
of such offices—a party central committee being elected for each party. 

In all counties containing more than five assembly districts this central 
committee of each party is chosen by assembly districts, there being elected 
from each assembly district one member for each seven hundred votes, or 
fraction thereof, cast for such party’s candidate for governor at the last 
gubernatorial election. In the case of a city and county the number of 
committeemen for each party is fixed as five from each assembly district. 
In all other counties the election is by supervisorial districts and the 
apportionment is so arranged that the number from each district will vary 
for each party according to the strength of the party registration for that 
district as it appears on the first Monday of .June. The county central 
committee in all except the three largest counties of the state will according 
to these provisions consist of from twenty to twenty-five members for each 
party, as appears by the following illustration : 

Suppose the Democratic registration of a certain county on the first 
Monday of June is 7,000, composed of .500 Democrats in the first super¬ 
visorial district, 3,000 in the second, 1,000 in the third, 300 in the fourth 


ANALYSIS OF DIRECT PRIMARY LAW. 


87 


and 2,200 in the fifth. According to this provision of the law, the number 
in each of these districts is to he divided by one-twentieth of the entire 
Democratic registration for the county, or, in this case, by 350; and the 
number of committeemen for each district is the integer, or whole number, 
next larger than the quotient obtained by such division. This would 
produce, in the illustration here given, two Democratic committeemen in the 
first district, nine in the second, three in the third, one in the fourth, and 
seven in the fifth, or twenty-two in all. Similarly for each of the other 
parties that may desire to select a county central committee. 

This method of selecting party central committees, as well as the pro- Sec. 2i, 
vision already outlined for rotation of candidates’ names on the ballot, will. Sub. 
in all l)ut the three largest counties of the state, require a separate and Se^.%, 
distinct ballot for each supervisorial district of the county. Sub.7ib). 

TIE VOTES AND ET.ECTION CONTESTS. 

Tie votes shall be determined by lot. The provision for election con- 
tests has been considerably modified in this new law from the former 
provisions by clearing up certain ambiguities which have given trouble in ^8. 
the past, and by certain changes in procedure which will make the carrying 
on of a contest much fairer to both contestant and contestee. The various 
proceedings of such contest are very fully worked out, especial pains being 
taken to so hasten these i)roceedings as to enable the contest to be deter¬ 
mined in anqile time for correctly certifying the candidates and printing 
the ballots for the November election. 

LEGITIMATE ELECTION EXPENSES. 

A list of eleven classes of lawful election expenses is provided for in this sec. 29. 
act, and no other kind of election or campaigning expenses shall be per¬ 
mitted to candidates. No limit is set on expenditures of the candidate, Sec. SO. 
provided the expenses are all as limited above and are all accounted for 
and sworn to by the candidate in a detailed statement to be filed within 
fifteen days after the primary election. 

Such statement shall also state in detail the sources of all moneys 
received by the candidate in assisting his candidacy, together with the 
amount expended by himself. All these statements of receipts and expendi¬ 
tures shall be made a matter of public record. 

Any candidate expending money unlawfully, or failing to make a true SI. 
and complete statement of his receipts and expenditures, shall not only be 
guilty of a misdemeanor, but shall forfeit his office, if elected. 

AMENDMENT OF FORMER ACT. 

As has been stated, the primary law of 1917 consists of an amendment 
of fourteen sections of the law of 1913, each of these sections taking the 
place of the corresponding section of the 1913 law. In this presentation 
these new amendments are all incorporated into the former law, and, it is 
believed, have put the law into a shape so generally satisfactory as will 
obviate the necessity of any further immediate material alterations. 


88 


DIRECT PRIMARY LAW. 


Refer to the sections given under each date for a full understanding of the law, 
it being impossible to quote each section in full in the limited space allowed 
in this pamphlet. 


CALENDAR 
AUGUST PRIMARY 
1918 . 


REGISTRATION OF VOTERS. 

JAN. 1. NEW COMPLETE REGISTRATION STARTS FOR THIS ELECTION. 

NATURALIZATION. 

REGISTRATION COMMENCES. 


Tuesday, January 1, 1918. 


Sec. lOQJf P. C. 


STATEMENT OF REGISTRATION. 

Friday, April 12. County Clerk shall transmit a statement to the Secretary of 
State showing at close of registration on April 6, total registration since January 1, 
number registered under each political affiliation, and number failing to state political 
affiliation. . ^ ^ ^ 

Direct Prim. Law, Sec. Jf, Subd. 1 

NATURALIZATION. 

Wednesday, May 29. Last day to be naturalized and last day on which to take up 
residence in county from another county to be eligible to participate at August • 
Primary Election. 

State Const., Art. II, Sec. 1 

COMPUTE COUNTY CENTRAL COMMITTEE. 

Monday, June 3, to Monday, June 10. Between these dates County Clerk must 
compute the number of members to be elected to the County Central Committee of 
each party. 

Direct Prim. Law, Sec. 2Jf, Subd. ^ 

ESTABLISH NEW PARTY. 

Thursday, June 13. Last day for electors to file with Secretary of State a petition 
setting forth intention to establish a political party. 

Direct Prim. Laxo, Sec. 1, Subd. 9b 

NOTICE OF OFFICES TO BE FILLED. 

Tuesday, Jure 18. Secretary of State shall transmit notice to County Clerk setting 
forth offices, except township offices, to be filled at August primary, and names of 
political parties eligible to participate therein. 

Direct Prim. Law, Sec. 4, Subd. 1 

Within ten days after receipt thereof the County Clerk shall publish once each week 
for two successive weeks, in not more than two newspapers, so much of such notice 
as may be applicable to his county, including a statement of the township offices in 
the county for which candidates are to be nominated, and a statement of the number 
of members of the County Central Committee to be elected by each political party in 
each supervisorial or assembly district. 

Direct Prim. Law, Sec. Jf, Subd. 2 
NOMINATION PAPERS—FIRST DAY FOR SIGNATURES. 

Sunday, June 23. First day on which verification deputies may secure signatures 
to candidate’s nomination papers. 

Direct Prim, Law, Sec. 5, Subd. 3 

ADVERTISEMENT FOR ELECTION OFFICERS. 

Friday, June 28. On or before this date the Board of Supervisors shall cause to be 
published at least three times in a daily paper, if any, or twice in a weekly paper, 
published in the county, a notice advertising for electors willing to serve as election 
officers. 

On or before this date the Board of Supervisors shall in addition cause copies of 
such notice to be posted in the various precincts of the county. 

Sec. llJt2 P. C. 



PRIMARY ELECTION CALENDAR. 


89 


NOMINATION PAPERS. 

day to leave nomination papers of all candidates to be 
voted tor at August Primary with County Clerk, who is allowed five days for 
examination and certification thereof. 

Direct Prim. Law, Sec. 5, Suhd. 1, 4 

■^PPoi^^tment of verification deputies must be filed with County Clerk at or before 
the time nomination papers are left with him. 

Direct Prim. Law, Sec. 5, Subd. 2a and 2b 

ELECTION OFFICER APPLICATIONS. 

Thursday, July 18. Last day for electors willing to serve as election officers at 
August Primary Election to file application therefor with County Clerk. 

Sec. 11J,2 P. C. 


NOMINATION PAPERS. 

Tuesday, July 23. Last day on which nomination papers to be filed with Secretary 
of State must be certified to him by County Clerk. 

Direct Prim. Law, Sec. 5, Subd. it 

CANDIDATES’ AFFIDAVITS. 

Tuesday, July 23. Last day for filing of candidates’ affidavits. 

Direct Prim. Law, Sec. 5, Subd. // 

PAYMENT OF FILING FEE. 

Tuesday, July 23. On or before this date all filing fees should be paid to the 
Secretary of State or to the County Clerk, as the case may be. 

Direct Prim. Law, Sec. 7, Subd. 1, 2, 3, 7, 9 

ELECTION OFFICERS. 

Tuesday, July 23. Not later than this date the Board of Supervisors must arrange, 
as required by Section 1142, Political Code, applications to serve as election officer. 
County Clerk shall communicate with not less than 6 nor more than 12 of those 
approved, enclosing reply post card, etc. 

Sec. 11J,2 P. C. 

REGISTRATION CLOSES. 

Saturday, July 27. Last day to register, to change party affiliation, or to change 
residence from one precinct to another in order to be eligible to vote at August 
Primary. 

Secs. lOOJf, 1083 P. C. 


LIST OF CANDIDATES. 

Sunday, July 28. On or before this date the Secretary of State shall certify to 
County Clerk list cantaining names and addresses of candidates to be voted for at 
the August Primary. 

Direct Prim. Law, Sec. 10 

County Clerk shall forthwith publish under proper party designations such names 
and addresses and title of office and other matter prescribed in Section 10, Direct 
Primary Law, as in said section and in Section 11 of said law provided. 

Direct Prim. Law, Secs. 10 and 11 


BIND AFFIDAVITS. 

Thursday, August 1. Not later than this date County Clerk shall bind affidavits 
of registration by precincts. 

Sec. 1113 P. a. 

STATEMENT OF REGISTRATION. 

Friday, August 2. County Clerk shall transmit a statement to the Secretary of 
State showing at close of registration on Julv 27 total registrations since January 1, 
number registered under each political affiliation, and number failing to state 
political affiliation. 

Direct Prim. Law, Sec. If, Subd. 1 
BOARDS OF ELECTION—POLLING PLACES. 

Friday, August 2. Last day for Board of Supervisors to designate polling places 
and appoint election officers. 

Secs. 1131 and 11.'t2 P. C. 

DUTIES. OF COUNTY CLERK IMMEDIATELY THEREAFTER. 

(1) File in his office a notice of the date of 'election, offices to be filled, names 
and positions of election officers appointed for each precinct, and the polling place 
therein. 

Sec. 1131 P. C. 

('2') Post copy of such notice in his office. 

' Sec. 1131 P. G. 

(3) Send or deliver one copy of such notice to each inspector, who shall post same 
at or near the polling place in his precinct. 

Sec. 1131 P. C. 


90 


DIRECT PRIMARY LAW. 


(4) Mail or deliver to each inspector notice in duplicate of persons appointed 
election officers for his precinct, which notice inspector shall cause to be posted at 
or near the polling place in his precinct, and immediately notify the County Clerk 
that he has done so. Inclose also with notice to inspector blank oath and one copy 
of “Election Officers’ Guide Book.’’ 

Secs. 1142 and llJf2a P. C. 

(5) Mail or deliver to each person appointed election officer a notice (Form E681) 
that he has been appointed, stating date of election and polling place; inclose also 
one copy of “Election Officers’ Guide Book,’’ 

Secs. llJf2 and 11 ^2a P. G. 

(()) Publish in newspaper for three (3) successive issues names and positions of 
election officers for each precinct. 

Sec. lVi2 P. C. 

INITIATIVE PETITION. 

Tuesday, August 6. Last day to file initiative petition with the Secretarj^ of State. 

State Const., Art. IV, Sec. 1 

INDEX TO AFFIDAVITS. 

Tuesday, August 6. Not later than this date County Clerk shall prepare an index 
of each book of affidavits of registration. 

Sec. 1115 P. C. 

SAMPLE BALLOTS. 

Wednesday, August 7. On or before this date County Clerk shall prepare sample 
ballots. 

Direct Prim. Law, Sec. 13 

BOARDS OF ELECTION AND POLLING PLACES BY COUNTY CLERK. 

Monday, August 12. If the Board of Supervisors hav^e not by this date appointed 
election officers or designated polling places, tlie County Clerk shall so appoint or 
designate as the case may requiie. 

Sec. 11J,2 P. C. 


MAIL SAMPLE BALLOTS. 

Saturday, August 17. Between this date and August 22 County Clerk must mail 
sample ballots and precinct cards to electors. 

Direct Prim. Law, Sec. 13; P. C. Sec. 12W 


PUBLICATION ELECTION OFFICERS. 

Tuesday, August 20. Last day on which publication of names and positions of 
election officers may be made. (See August 2, paragraph 6.) 

Sec. 11J,2 P. C. 

FINISH MAILING SAMPLE BALLOTS. 

Thursday, August 22. All sample ballots and precinct cards must be mailed on 
or before this date. 

Direct Prim. Law, Sec. 13 


AUGUST PRIMARY ELECTION. 

Tuesday, August 27. Polls open from 6 a.m. to 7 p.m. 

Direct Prim. Law, Secs. 3 and IJf 


CANVASS COMMENCES. 


Thursday, August 29. 
mences at 1 p.m. 


Canvass of official returns by Board of Supervisors com- 

Direct Prim. Law, Sec. 22 


DUTIES OF COUNTY CLERK ON COMPLETION OF CANVASS. 

Enter results on records of Board. 

Send duplicates to each party chairman. 

Send necessary abstracts to Secretary of State. 

Recount may be demanded by any candidate within five days after the completion 
of the official canvass. 

Direct Prim. Law, Sec. 28 


ELECTION EXPENSES. 


Wednesday, September 11. Last day to file statement of election expenses. 

Direct Prim, Law, Sec. 30 

CANVASS COMPLETED. 


Thursday, 
this date. 


September 12. Canvass must be completed not later than 6 p.m. on 

Direct Prim. Law, Sec. 22 

COMPILATION OF RETURNS. 


Saturday, September 21. 
of all candidates. 


Secretai y of State shall complete compilation of returns 

Direct Prim. Law, Sec. 22 


GENERAL ELECTION CALENDAR. 


91 


CALENDAR 

GENERAL ELECTION NOVEMBER 5, 1918. 


REGISTRATION OF VOTERS. 

JAN. 1. NEW COMPLETE REGISTRATION STARTS FOR THIS ELECTION. 

NATURALIZATION. 


REGISTRATION COMMENCES. 

Tuesday, January 1, 1918. 

Sec. 109Jf P. C. 

INITIATIVE PETITION. 

Last day to file initiative petition with the Secretary of State. 
All initiative petitions must be left with the County Clerk early enough to allow 
him 20 days for examination and such further time for transmission to Sacramento 
for filing same with Secretary of State on or before August 6. 

State Const., Art. IV, Sec. 1 


NATURALIZATION. 

Wednesday, August 7. Last day to be naturalized and last day on which to take 
up residence in county from another county to be eligible to participate at General 
Election. 

State Const., Art II, Sec. 1 


NOMINATION PAPERS. 

Sunday, September 1. First day on which verification deputies may secure signa¬ 
tures to independent candidate’s nomination papers. 

P. C. Sec. 1188; Direct Prim. Law, Sec. 5, Suhd. 3 


OFFICIAL BONDS. 

Monday, September 2. On or before this date Board of Supervisors and Superioi 
Judges shall prescribe amount of official bonds, etc. 

Sec. Jt022 P. C. 

ADVERTISEMENT FOR ELECTION OFFICERS. 

Friday, September 6. On or before this date the Board of Supervisors shall cause 
to be published at least three times in a daily paper, if any,'or twice in a weekly 
paper, published in the county, a notice advertising for electors willing to serve as 
election officers. 

On or before this date the Board of Supervisors shall in addition cause copies of 
such notice to be posted in the various precincts of the county. 

Sec. 1142 P. C. 

NOMINATION PAPERS. 

Friday, September 6. First day for filing of nomination papers of independent 
candidates under Section 1188. 

Sec. 1192 P. C. 

COUNTY CENTRAL COMMITTEE MEETS. 

Tuesday, September 10. County Central Committee of each party shall meet at 
Courthouse and organize. 

Direct Prim. Law, Sec. 24 , Suhd. 4 

STATE CONVENTIONS. 

Tuesday, September 17 at 2 p.m. State party conventions shall meet at the State 
Capitol to formulate State platforms and elect State Central Committee. 

Direct Prim. Law, Sec. 24 , Suhd. 2 


PLATFORMS. 


Wednesday, September 18. 
before 6 o’clock p.m. 


State platform framed as above must be made public 
Direct Prim. Law, Sec. 24 , Suhd. 2 


NOMINATION PAPERS. 


Thursday, September 26. Last day to leave nomination papers of all independent 
candidates with County Clerk, who is allowed five days for examination and certifica¬ 


tion thereof. 


Direct Prim, Law, Sec. 5, Suhd. 1; P. C. Sec. 1188 



92 


DIRECT primary LAW. 


Appointment of verification deputies must be filed with County Clerk before or at 
same time nomination papers are left with him. 

Direct Prim. Law, Sec. 5, Subd. 2a and 2b 

ELECTION OFFICER APPLICATIONS. 

Thursday, September 26. Last day for electors willing to serve as election officers 
at General Election to file application therefor (Form E603) wdth County Clerk. 

Sec. Illf2 P. C. 


NOMINATION PAPERS. 

Tuesday, October 1. Last day on which nomination papers of independent candi¬ 
dates to be filed with Secretary of State certified by County Clerk must be filed 
with Secretary of State. 

Direct Prim. Law., Sec. 5, Siibd. P. C. Secs. 1188-1192 

CANDIDATE’S AFFIDAVIT. 

Last day on which independent candidate nominated under Section 1188 may file 
his affidavit. 

Direct Prim. Law, Sec. 5, Subd. 

ELECTION OFFICERS. 

Tuesday, October 1. Not later than this date the Board of Supervisors must 
arrange, as required by Section 1142, Political Code, applications to serve as election 
officer. County Clerk shall communicate (Form E606) with not less than 6 nor more 
than 12 of those approved, inclosing reply post card, etc. 

Sec. llJf2 P. C. 

REGISTRATION CLOSES. 

Saturday, October 5. Last day to register or to change residence from one precinct 
to another in order to be eligible to vote at General Election. 

Secs. 1083 and 109J, P. C. 

Last day on which a person may withdraw his name from nomination. 

Direct Prim. Law, Sec. 23 

LIST OF CANDIDATES. 

Sunday, October 6. On or ))efore this date the Secretary of State shall certify 
to County Clerk list containing names and addresses of candidates to be voted for 
at the General Election. 

Direct Prim. Law, Sec. 23 

Last day for Governor to issue Election Proclamation. 

Sec. 1053 P. C. 

Board of Supervisors may publish and post same. 

Sec. 1055 P. C. 

Last day for Secretai’y of Stale to furnish County Clerk with pamphlets of consti¬ 
tutional amendments, propositions, questions, etc. 

Sec. 1195b P. G. 

BIND AFFIDAVITS. 

Thursday, October 10. Not later than this date County Clerk sliall bind affidavits 
of registration l)y precincts. 

Sec. 1113 P. C. 


BOARDS OF ELECTION—POLLING PLACES. 


Friday, Oceober 11. Last day for Board of Supervisors to designate polling places 
and appoint election officers. 


Secs. 1131 and 11.^2 P. C. 


DUTIES OF COUNTY CLERK IMMEDIATELY THEREAFTER. 


(1) File in his office a notice (Form E686) of the date of election, offices to be filled 
names and positions of election officers appointed for each precinct, and the polling 
place therein. 


(2) Post copy of such notice (Form E686) in his office. 


Sec. 1131 P. a. 
Sec. 1131 P. C. 


(3) Send or deliver one copy of such notice (Form E686) to each inspector who 

shall post same at or near the polling place in his precinct. ’ 

Sec. 1131 P. C. 

(4) Mail or deliver to each inspector notice in duplicate (Form E608) of persons 
appointed election officers for his precinct, which notice inspector shall cause to be 
posted at or near the polling place in his precinct, and immediately notify the Countv 
Clerk that he has done so (Form E609). Inclose also with notice to inspector blank 
oath (Form E684) and one copy of “Election Officers’ Guide Book’’ (Form E617). 

Secs. 11J,2 and 1142a P. 0. 


(5) Mail or deliver to each person appointed election officer a notice (Form E681) 
that he has been appointed, stating date of election and polling place: inclosp 
one copy of “Election Officers’ Guide Book’’ (Form E617). 

Secs. 11J,2 and 1142a P. C. 


(6) Publish in newspaper for three (3) successive issues 
election officers for each precinct. 


names and positions of 
Sec. 1142 P. C. 


GENERAL ELECTION CALENDAR. 


93 


SAMPLE BALLOTS. 

Friday, October 11; Saturday, October 26. Mailing of sample ballots and precinct 
cards (Form E619) must commence between these dates. 

Sec. 1210 P. C. 

PAMPHLETS. 

Friday, October 11; Monday, October 21. Mailing of pamphlets must be completed 
betw'een these dates. 

Sec. 1195b P. C. 


STATEMENT OF REGISTRATION. 

Friday, October 11. County Clerk shall transmit a statement to the Secretary of 
State showing at close of registration on October 5, total registrations since Jan- 
uai*y 1, number registered under each political affiliation, and number failing to state 
political affiliation. 

Direct Prim. Law, Sec. if, Subd. 1 

INDEX TO AFFIDAVITS. 

Tuesday, October 15. Not later than this date County Clerk shall prepare an index 
to each book of affidavits of registration. 

Sec. 1115 P. C. 

BOARDS OF ELECTION AND POLLING PLACES BY COUNTY CLERK. 

Monday, October 21. If the Board of Supervisors have not by this date appointed 
election officers or designated polling places, the County Clerk shall so appoint or 
designate as the case may require. 

Sec. llJf2 P. C. 

PROCLAMATION. 

Saturday, October 26. Last day for posting and publishing of Election Proclamation. 

Sec. 1055 P. G. 


SAMPLE BALLOTS. 


Monday, October 28. All sample ballots and precinct cards (Form E619) must be 
mailed on or before this date. 


Sec. 1210 P. G. 


PUBLICATION ELECTION OFFICERS. 

Tuesday, October 29. Last day on which publication of names and positions of 
election officers may be made, (See October 13, paragraph 6.) 

Sec. llJf2 P. G. 

GENERAL ELECTION. 

Tuesday, November 5. Polls open from 6 a.m. to 7 p.m. 

Secs. lOJfl and 1160 P. C. 

CANVASS. 

Monday, November 11. Canvass of official returns by Board of Supervisors com¬ 
mences. 

Sec. 1278 P. G. 

For duties of County Clerk in connection with and subsequent to canvass see 
Political Code, Sections 1280, 1281, 1281a, 1282, 1283, 1284, 1288, 1289, 1292, 1293, 1294, 
1295. 

Written statement contesting election of any person declai'ed elected must be filed 
within 30 days after declaration of result of election except in cases of contest on 
grounds of bribery (Section 1111, Code of Civil Procedure, Subdivision 3), when it 
may be filed within six months. (Code of Civil Procedure, Section 1115.) For 
detailed procedure see Code of Civil Procedure, sections 1111 to 1127, inclusive. 

STATEMENT OF EXPENSES. 

Wednesday, November 20. Last day for candidates to file statement of election 
expenses. 

Purity of Elections, Sec. 1 


STATEMENT OF VOTE—STATE OFFICES. 

Sunday, December 15. Last day of Secretary of State to estimate the vote of 
candidates for State offices, file statement thereof in his office, and transmit copy of 
such statement to the Governor. _ „ . 

Last day for Secretary of State to transmit certificates of election to State 
Senators and Members of Assembly. 

Sec. 1290 P. G. 

Governor must forthwith issue commissions to those elected. ^ 

Sec. 1291, P. C. 

STATEMENT OF VOTE—CONGRESSIONAL. 

Saturday, January 4. Last day for Secretary of State to certify vote of candidates 
for Representatives in Congress. ^ ^ 

Governor must forthwith transmit certificates of election to p ^ 


94 


DIRECT PRIMARY LAW. 


OFFICERS TAKE OFFICE. 

Monday, January 6, 1919. Newly-elected State officers take office, and must, before 
entering- upon the duties of their respective offices, take and subscribe the Constitu¬ 
tional oath of office, and execute their official bonds. 

State Const., Art. IV, Sec. 2; Art. V, 
Secs. 2, 15, 17; Art. VI, Sec. 3; 
Art. IX, Sec. 2; Art. XX, Secs. 3, 
20; P. C. Sec. 9^7 

Newly-elected county and township officers take office at 12 o’clock noon, and must, 
before entering upon the duties of their respective offices, take and subscribe the 
Constitutional oath of office, and execute their official bonds. 

State Const., Art. VI, Sec. 6; Art. 
XX, Sec. 3; P. C. Sec. 1,021, 
Sec. 91,7, Sec. 1,022 

CANVASS BY LEGISLATURE. 

Monday, January 6, 1919; Monday, January 13, 1919. Legislature must canvass 
returns for Governor and Lieutenant Governor. 

State Const., Art. V, Sec. l,; P. C. Sec. 1296 

CONGRESSMEN TAKE OFFICE. 

Tuesday, March 4, 1919. Newly-elected Congressmen take office. 

U. S. Compiled Stats., Secs. 11,a and 21 


INDEX 


Act PAGE 

construction of, to be liberal, ^9 _ S 

definition of words and phrases used, §1___ 7 

explanation and history of___ 74 

name of, S34_ 38 

not applicable, when, §2_ 8 

validity of, §35___ 39 

Acts in conflict, i-epealed, §36 _ 39 

Affidavit 

of candidate for nomination, 114_ 15 

form for _ 56 

of verification deputy__ 10 

Affidavits of registration 

to be furnished for use at primary election, §15_ 27 

Analysis of act_ 74 

Attorney general, forms prepared by_:_ 40 

August primary election, when held, §3-- 9 

calendar of _ 88 

Ballots 

blank spaces provided, 114_ 20 

candidates, names of 

arrangement for particular office, 1f7_ 22 

grouping and printing of, 115- 21 

type used for printing, UlO_ 23 

canvass of, after polls have closed, §21_ 28 

city clerk to provide, for certain primary elections_ 20 

county clerk or registrar of voters to provide_ 20 

county central committee, names of, included on_ 33 

designation of office to be nominated for, 119_ 23 

different color for each political party, §12_ 1!> 

distribution of, §13_ 26 

errors and omissions, §27_ 34 

folding of, by voter, §19_- 28 

form, paper and size, 1|2_ 20 

liow designate clioice in voting, §18_ 27 

instruction in marking and folding, §17-- 27 

instructions to voters, 1[4 and 1|5_20, 21 

made up into stub books- 23 

nonpartisan official primary election, form of_ 25 

identical with portion of party ballot__ 21 

to be supplied each elector not affiliated with any party, §12_ 20 

number to be furnished any precinct, §13-- 26 

official primary election, form of_24, 25 

paper furnished by secretary of state__— 20 

printing on back, IflO- 23 

recount of, in case of election contest_ 35 

separate, for each political party, §12_ 19 

size of, 1|2_ 20 

spoiled, to be returned to ballot clerk, §17_ 27 

submitted to chairman of county committee, §13 —- 26 

technical error in voting, not to render invalid, §18- 27 

type used in printing, 1[3--- 20 

what to contain, §12- 19 

Ballots, sample 

mailed to each registered voter, §13-- 26 

Basis of percentage, 115--- 15 

Bribery, either party committing, guilty of misdemeanor, §32- 38 

Calendar 

August primary-- 88 

general November election_ 91 

Campaign expenses 

list of, for lawful purposes, §29--- 37 

no fee made for filing statement, §30- 37 

penalty for violating law relating to, §31-- 38 

Candidates for elective offices, see also Candidates. 

affidavit to be filed where, 1f4-- - 15 

campaign expenses and statement of same-- 37 

defeated at primary election, ineligible for nomination at ensuing general 

election, 119- 1^ 

designation of, on ballots, §12--- 23 

forbidden to obtain signatures to nomination papers, 114- 15 

how nominated, §2- 8 

independent nominations, 119- 16 

instructions to in preparing nomination papers- 50 

limited to one office at same election. Hi- 15 





































































96 


INDEX. 


Candidates for elective offce—Continued, 
list of 

publication of, by county clerk, §10- 

transmission of, by assembly districts, ^7 - 

may be nominated by more than one political party, §4—— - 

names of 

arrangement on ballot, 1(7--- 

arrangement on printed notice, ^[8-- 

grouping and .printing on ballot, 1[5- 

nonpartisan, to appear on each party ballot, HG-—- 

no fee to be charged, for filing statement of expenses, §30- 

nomination papers must be filed by, §5-- 

party affiliation, certificate of, 112-——- 

penalty for violating law^ relating to campaign expenses, §31- 

per centum of signatures required, ^5- 

procedure in case of contest of nomination, §28-—- 

type used in printing names of, on ballot, 1[10-- 

verification deputies, appointment of, l|2n- 

who may propose, for nomination, ^2b-——— 

who shall be declared nominated, §23- 

withdrawal from party other than his o.vn, when, §25- 

Canvass of returns, §22-- 

Canvass of votes, §21---—— 

Certificates of nomination see also Forms 

issued only after statement of expenses is made, §30- 

issued to candidates receiving highest number of votes, §23- 

issued to presidential electors, ^2 —- 1 - 

Certificate of candidate’s party affiliation, *j|2- 

Challenges, grounds of, §16- 

Chartered cities and counties, act does not apply, §2_ 

Cities 

act does not apply to chartered cities. §2_ 

notice of August primaries to be published, when §4_ 

Cities of fifth class, act does not apply, §2_—_ 

Cities of sixth class, act does not apply, §2_ 

Contest of nomination, procedure, §28_ 

Conventions see Party Conventions. 

Counties, act does not apply to chartered, §2__ 

County central committee 

membership in, who declared elected, §2 3_ 

method of election, and place of meeting, ^4__ 

names of candidates, how printed on ballot, 115_ 

statement of number of members to be elected, where published, §4_ 

to fill certain vacancies in state party convention, when_ 

County clerk 

distribute sample and official ballots, §13__ 

duties performed by registrar of voters, when, 1[9_ 

fees, disposition of, §8_ 

nomination papers filed with. If2a__ 

to compare nomination papers and affidavits of registration. If!_ 

to publish election notice and list of candidates, §10_._— 

to publish list of parties and offices, §4_ 

to publish notice of election, §10__ 

to send secretary of state copy of election returns, §22_ 

to send secretary of state statement of registration, §4_ 

County offices, candidates for, names printed on nonpartisan ballot, §12 
Courts 

decision final and no appeal allowed in contest of nomination_ 

to order errors corrected, §27__ 

Dates see Time and Dates. 

Definitions of words and phrases used, §1_ 

Delegates to conventions, §23_ 

to state conventions, §24_ 

Distribution of ballots, §13__ 

Districts other than for municipal purposes, act does not apply, §2_ 

Election commissioners 

canvassing returns, §22_ 

where existing, to perform certain duties, Hb_ 

Election contests 

court having jurisdiction, §28_ 

decision of court final_ 

must be completed in time to print ballots_ 

Election officers 

adjournment not to be taken, §20_ 

appointment and compensation, §15_ 

canvassing votes, §22_ 

paid, how, §9_ 


PAGE 

19 

. 22 
. 15 

. 22 
. 23 
. 21 
. 21 
. 37 
9 

. 32 
. 38 
. 15 
. 35 
. 23 
. 10 
. 10 
. 29 
. 33 
. 28 
. 28 

. 37 
29 
. 31 
. 32 
. 27 
8 

8 

9 

8 

8 

. 35 
8 


29 

32 

21 

9 

32 

26 

8 

18 

10 

14 

19 

9 

19 
29 

9 

20 

36 

34 

7 
29 
31 
26 

8 

28 

8 

35 

36 
36 

2S 

27 

28 
18 


































































INDEX. 


97 


PAGE 

- 29 

- 28 


Election returns 

secretary of state to compile, §22_ 

statement of results, §22__ 

Electors see also Voters. 

may be absent two hours from work to vote, §3_ 9 

may sign certain nomination papers when not affiliated with any party, US_ 14 

number registered to be sent secretary of state, §4_ 9 

qualifications necessary for voting, §17_ 27 

Electors for president see Presidential Electors. 

Epitome of act_ 74 

Errors and omissions in ballots, §27_ 34 

Errors in voting, §18_ 27 

Executive committee, selected by state central committee, 1[3_ 32 

Expenses of campaign 

fee not required for filing statement, §30_ 37 

penalty for violating law relating to, §31_ 38 

purposes for which allowed, §29_ 37 

verified statement of, §30_ 37 

Expenses of election, how paid, §9_ 18 

Explanation of act_ 74 

Pees 

candidate to pay for filing of nomination papers, §7 and §23_17, 29 

disposition of, §8_ 18 

filing nomination papers, §7- 17 

Forms 

affidavit of candidate, 1[4 and P 11_15, 56 

appointment of verification deputies 

by candidate, \2a - 10 

by committee, 1(2&- 11 

index to nomination papers, ]f4a- 14 

official primary election ballot_24, 25 

nonpartisan ballot - 25 

preparation of, by secretary of state and attorney general, §33- 38 

signer’s statement - 13 

verification deputy’s affidavit- 13 

Forms prepared by secretary of state and attorney general- 40 

affidavit of candidate, F 11- 56 

appointment of verification deputies by candidate, P 4 and F 5-46, 47 

by committee, F 6 and F 7-48, 49 

candidate’s affidavit of receipts and expenditures, F 22- 71 

certificate of nomination issued to candidate, F 17 and F 19-65, 67 

to presidential elector, F 20- 68 

certificate of secretary of state showing candidates nominated, F 21- 69 

Forms prepared by secretary of state 

certified list of candidates for nomination, P 15- 

county clerk’s certificate as to mumber of signatures on nomination paper 

F 12, F 13 and F 14_ 57, 58, 

as to candidate’s party affiliation, F 18- 

index to nomination paper, F 10-- 

notice by county clerk of offices for which candidates are to be nominated or 

elected, F 3 - 

notice by county clerk of time and place of election, etc., F 16- 62 

notice by secretary of state of offices for which candidates are to be nom¬ 
inated, etc., P 2--- 

section of nomination paper signed for nonpartisan candidate, P 9- 53 

section of nomination paper signed for party candidate, P 8- 51 

statement of registration, F 1--- 

Freeholders, nomination of, to frame charter, act does not apply, §2- » 

General election, calendar of- 

History of act--- 

Hold-over senator, definition of term, 112- 

Holidays, declared for primary election days, §3- 

Independent nominations, not prohibited, 1!9-------- 

Index to affidavits of registration to be furnished for use at primaries, §15 

Index to nomination paper, -- 

form of - 

Instructing voters, §17 -j'ic"- 

Instructions to voters, how printed on ballot, 1)4 and t|5_---_------ 

Judicial officers, candidates for, contained on nonpartisan ballot, §12- 

Majority candidate, nonpartisan, §23- 

Misdemeanors and offenses, §32- 

Municipal elections ^ 

act does not apply, when, -- <)_17 

nonpartisan nomination §5 - 

percentage of signatures, 118- 22: 

Names of candidates, arrangement of, on ballot, -- 

7—35624 


60 

59 

66 

55 


20 , 


32 

9 

16 

27 

14 

55 

27 

21 

20 

29 

































































98 


INDEX. 


PAGE 

Newspaper notices required by law, §11_ 19 

Nomination certificates see Certificates of Nomination. 

Nomination papers 

affidavit required of candidate, 1[4__ 15 

basis of percentage in securing signatures, 1[6 and 1[7_ 16 

bribery in connection with signing of, §32__38 

certified list of candidates filing, §10_ 19 

county clerk or registrar of voters to examine and certify, 114_ 14 

to forward to secretary of state, 1|4_ 15 

fees for filing, §7_ 17 

filed when, §5_ 9 

filed with registrar of voters. If 9__ 8 

form for _ 13 

how and when filed, §6_ 17 

index to, 114_ 14 

instructions to candidates in preparation of_ 50 

must be numbered and fastened before filing. If4_ 14 

omission from, in case of nonpartisan candidate, 1f3_ 14 

portions containing excess signatures to be sent to candidate, §6_ 17 

signatures necessary in order for candidate to qualify, 1f5_ 15 

for nonpartisan candidate. If8_ 16 

signatures obtained, when, 1f3_ 12 

verification of, 1f4_ 15 

signer’s statement, 1f3_ 12 

suppression of, a misdemeanor. If2_ 38 

Nominations 

contesting, §28 _ 35 

method of making, §2_ 8 

Nonpartisan ballots 

at primary elections, §12_ 20 

identical with portion of party ballot, 1f5_ 21 

majority candidate, §23_ 29 

Nonpartisan candidate 

percentage of signatures. If8_ 16 

Notice of election 

county clerk to give, §10_ 19 

publication of, §4_ 9 

where published, §11_ 19 

Notices, offices to be filled, §4_ 9 

November election, calendar of_ 91 

Offenses, what are, §32_ 38 

Officers of election see Election Officers. 

Operation of act explained_ 74 

Party affiliation, certificate of candidates. If2_ 32 

Party conventions, §24_ 31 

how constituted and date of meeting,, 1f2_ 31 

membership in, not granted to certain nominees, 1f2- 31 

national, certificates of election issued to delegates, §23_ 30 

party affiliation of candidates, 1f2- 32 

state, delegates to, nomination papers filed where, §6- 17 

how composed and when called, §24- 31 

vacancies, how filed, 1f2- 32 

Party organization 

name must not be similar to an existing party. If9b- 8 

qualifications necessary to participate in primary election, 1t9- 8 

Party platforms, bow formulated and when made public, 1f2- 31 

Party tickets 

alike for nonpartisan candidates, 1f6- 21 

separate for parties which have qualified. If6- 21 

Penal provisions 

bribe giver or taker guilty of misdemeanor, §32- 38 

misdemeanor to violate law regarding campaign expenses, §31- 38 

Petition see Nomination Papers, This Heading. 

Plurality vote, nominates, §23-—- 29 

Political code 

section 1096 cited, §15, §16, §17- 27 

1113 cited, ^4 - 14 

1113 cited, §15 _ 27 

1188 cited, ^9 - 16 

1198, 1199, 1201, cited, §13_ 26 

1230 cited, §16 _ 27 

1253 to 1268 inch cited, §21_ 28 

1282 cited, §22 - 29 































































INDEX. 


99 


Political parties page. 

entitled to separate party tickets, 1[6-- 21 

qualifications necessary to participate in primary election, K9_ 8 

Polls 

closing temporarily, not allowed, §20_ 28 

time of opening and closing, §14_ 26 

presidential electors, how nominated, §2 and 112_8, 31 

Presidential primary election, ballots provided by county clerk or registrar of 

voters _ 20 

Primary elections see also Primary Elections. 

date for, to be published, §10_ 19 

dates for holding, §3_ 9 

definition of, §1_ 7 

expenses for ballots, supplies, etc., §9__ 18 

officers of, §15_ 26 

registration for, necessary in order to vote, §17_ 27 

Printing of act. Senate resolution authorizing_ 3 

Publication notices 

arrangement of names and addresses, 1|8- 23 

where to be made, §11_ 19 

Qualifications, registration necessary in order to vote, §17_ 27 

Recall elections, act does not apply, §2_ 8 

Recount of votes- 35 

Register, used at primary elections, §15- 27 

Registrar of voters, where existing to perform what duties, 1[9_ 8 

Registration, statement of, to secretary of state, §4_ 9 

Rejection of ballots, §18- 27 

Residence, as affecting privilege to vote, §17- 27 

Returns 

canvass of, and statement of result, §21, §22_ 28 

compilation of, by secretary of state, §22__ 29 

Sample ballots, mailed to each registered voter, §13_ 26 

School districts, act does not apply, §2- 8 

School offices, candidates for, contained on nonpartisan ballots, §12_ 20 

Secretary of state 

apportionment of fees, §8- 18 

ballot paper furnished by, §12- 20 

certifying list of candidates, §10- 19 

certifying list of nominations, §23- 30 

compile election returns, §22- 29 

fees received for filing nomination papers, §7- 17 

forms prepared by -- 40 

issue certain certificates of nomination, §23- 30 

list of nomination papers to be filed with, §6- 17 

notice to counties of offices and parties, §4- 9 

prepare forms with attorney general, §33- 38 

receive nomination papers from county clerks, §4- 15 

Signature to nomination papers 

basis of percentage necessary for candidate to qualify, 116 and 117_ 16 

certificate of county clerk as to number, 114- 14 

maximum limit, §6- 17 

Special elections, act does not apply, when filling vacancies, §2-- 8 

State central committee 

election of, by party convention, 1f2- 31 

executive committee selected by. If3- 32 

Stub books, official ballots of each party made up into, flO- 23 

Summary of act- 74 

Supervisors, canvass returns, §22- 28 


Supplies 

affidavits of registration and indexes, §15- 

payment for, §9 - 

Tie vote, how determined, §26- 

Tickets, see Ballots 
Time and dates 

August primary election, §3- 

ballots, distribution of, §13- 

ballots, when prepared and printed, §13- 

calendar of 

August primary - 

general November election - 

candidate’s affidavit filed, 114- 

candidates, list of, certified by secretary of state, §10 

canvass of returns, §22- 

canvass of votes, §21- 

compilation of returns by secretary of state, §22- 


27 

18 

34 


9 

26 

26 

88 

91 

15 

19 

28 

28 

29 
































































100 


INDEX. 


Time and dates—Continued. 

calendar of—Continued. page. 

contest of nomination, hearings_ 35 

county central committee, meeting of, f4_ 33 

membership computed, Tf4_ 33 

publication of notice of number to be elected, ^2 _ 9 

election officers, appointment of §15_ 27 

expense statement filed, §30_ 37 

fees, disposal of, §8_ 18 

forms prepared by secretary of state and attorney general, §33_ 38 

list of nominations certified, §23_ 29 

nomination papers filed, §5 and 1|4_9, 14 

signatures obtained, If3_—_ 12 

notice of offices to be filled and of parties which have qualified, §4___ 9 

qualification of partj^ by registration or petition, 1I(&)_ 8 

polls, opening and closing, §14_ 26 

primary elections other than May and August, §3- 9 

registration of voters, §17_ 27 

statement of, transmitted to secretary of state, §4- 9 

state conventions _ 31 

tickets submitted to chairmen of county committees- 26 

verification deputies, filing of certificates of appointment, 12- 10 

Township offices, candidates for, contained on nonpartisan ballot, §12- 20 

United States senators 

certificate of nomination from secretary of state, §23_ 30 

how nominated, §2__ 8 

Vacancies 

on ticket, how created and how filled, §25_ 33 

when filled by special election, act not to apply, §2_ 8 

Validity of act, §35-—_ 39 

Verification deputies 

appointment of, to secure signatures, 12a and 12&_10, 11 

form of affidavit___ 13 

may secure signatures, when, 13_ 12 

Verification of nomination papers_12, 15 

Voters see also Electors. 

may be challenged by any elector, §16_ 27 

to receive ballot of party in which registered, §17_ 27 

Votes 

canvass of, how conducted, §21_ 28 

canvass of returns by supervisors, etc., §22_ 28 

how determined in case of tie, §26-- 34 

recount of, in case of election contest, §28__ 35 

Withdrawal of candidate, 14, §25-15, 33 

Young, Hon. C. C. 

analysis and history of act_ 74 


35624 


■5M—6-18 








































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